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HomeMy WebLinkAbout2021-06-16 PacketPage 1 of 6 City Council Regular Meeting AGENDA Register for Ukiah City Council Regular Meeting at: https://attendee.gotowebinar.com/rt/3862698010362077965 After registering, you will receive a confirmation email containing information about joining the  webinar. Alternatively, you may view the meeting (without participating) by clicking on the name of the  meeting at www.cityofukiah.com/meetings.  June 16, 2021 ­ 6:00 PM 1. ROLL CALL     2. PLEDGE OF ALLEGIANCE     3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS     4. PETITIONS AND COMMUNICATIONS     5. APPROVAL OF MINUTES      5.a. Approval of the Minutes for the June 2, 2021, Special Meeting.    Recommended Action: Approve the Minutes of June 2, 2021, a Special Meeting, as submitted.     Attachments:  1.2021­06­02 Draft Minutes ­ Special Meeting        5.b. Approval of the Minutes for the June 2, 2021, Regular Meeting.    Recommended Action: Approve the Minutes of June 2, 2021, a Regular Meeting, as submitted.     Attachments:  1.2021­06­02 Draft Minutes ­ Regular Meeting        5.c. Approval of the Minutes for the June 3, 2021, Special Meeting.    Recommended Action: Approve the Minutes of June 3, 2021, a Special Meeting, as submitted.     Attachments:  1.2021­06­03 Draft Minutes ­ Special Meeting       6. RIGHT TO APPEAL DECISION       Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The  City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time  within which the decision of the City Boards and Agencies may be judicially challenged.     Page 1 of 550 Page 2 of 6 7. CONSENT CALENDAR       The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.  Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will  be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will  approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.      7.a. Report of Disbursements for the Month of May 2021.    Recommended Action: Approve the Report of Disbursements for the Month of May 2021.      Attachments:  1.May 2021 Summary of Disbursements 2.Account Codes for Reference  3.Object codes for Reference 4.May 2021 Disbursement Detail        7.b. Approval of a Transfer in the Amount of $15,198 from the General Fund 100 to the Golf Fund  720 for the Golf Course Storm Drain Project Specification 19­07.    Recommended Action: Approve a transfer in the amount of $15,197.16 from the General Fund 100  to the Golf Fund 720 for the Golf Course Storm Drain Project Specification 19­07.     Attachments:  1.Combined ASRs        7.c. Report of Disposition of Surplus Materials, Used Equipment, and Supplies.    Recommended Action: Receive and file report regarding the disposition of surplus materials,  used equipment, and supplies.     Attachments:  1.Sold Assets        7.d. Notification of Publishing Services Agreement by Ukiah Daily Journal for Fiscal Year  2021/2022, in the Amount of $6.25 per Column Inch for the First Insertion and $4.26 per  Column Inch for Each Subsequent Insertion of the Same Advertisement.    Recommended Action: Receive and approve notification/agreement of the legal publishing  services of Ukiah Daily Journal for fiscal year 2021/2022, in the amount of $6.25 per  column inch  for the first issue and $4.26 per column inch for additional issues.     Attachments:  1.Legal contract­City of Ukiah eff 2021­2022        7.e. Approve a Four (4) Year Cooperative Agreement with the California Department of Forestry  and Fire Protection for Fire and Emergency Medical Dispatching Services, for an Amount not to  Exceed $356,303.00 per Year.    Recommended Action: Approve a four (4) year cooperative agreement with the California  Department of Forestry and Fire Protection (CAL Fire) for fire and emergency medical  dispatching services, in an amount not to exceed $356,303.00 per year, and authorize the City  Manager to sign.     Attachments:  1.CAL Fire Dispatch 7­21 to 6­25       Page 2 of 550 Page 3 of 6  7.f. Approval of Inter­Fund Loan and Corresponding Budget Amendment for the Street and Tree  Lighting Portion of the Streetscape Project.    Recommended Action: Approve setting up an inter­fund loan and corresponding budget  amendment for the Street and Tree Lighting portion of the Streetscape project.     Attachments:  1.Change Order        7.g. Authorize City Manager to Enter Agreement with Redwood Valley Calpella Fire District for the  Sale and Placement of a 60' Pole from the Electric Utility.      Recommended Action: Authorize City Manager to enter into an agreement with Redwood Valley  Calpella Fire District for the sale and placement of a 60' pole from the Electric Utility.       Attachments:  1.UTILITY POLE SALE AND PURCHASE AGREEMENT        7.h. Authorize the City Manager to Execute All Agreements Necessary to Accept the Distribution of  the U.S. Department of the Treasury American Rescue Plan Act of 2021 Coronavirus Local  Fiscal Recovery Funds.    Recommended Action: Authorize the City Manager to execute all agreements necessary to accept  the distribution of the U.S. Department of the Treasury American Rescue Plan Act of 2021  Coronavirus Local Fiscal Recovery funds.      Attachments:  1.ARP Required Forms 2.SLFRPFAQ as of 6­10­21       8. AUDIENCE COMMENTS ON NON­AGENDA ITEMS       The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in,  you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you  may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not  more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in  which the subject is not listed on the agenda.     9. COUNCIL REPORTS     10. CITY MANAGER/CITY CLERK REPORTS     11. PUBLIC HEARINGS (6:15 PM)      11.a. Consideration and Possible Introduction of an Ordinance by Title Only to Add Section 9004 to  Division 9, Chapter 2, Article 1 to Require Compliance with the 2020 Ukiah Municipal Airport  Land Use Compatibility Plan (UKIALUCP).    Recommended Action: Introduce the Ordinance by title only to add Section 9004 to Division 9,  Chapter 2, Article 1 to require compliance with the Ukiah Municipal Airport Land Use  Compatibility Plan.       Attachments:  1.UKI ALUCP ­ ADOPTED May 20, 2021 ­ COMPLETE PRINT FILE 2.ALUC Revised ISND 3.UKI ALUCP Compatibility Map 4.Draft Ordinance­ UKIALUCP       Page 3 of 550 Page 4 of 6 12. UNFINISHED BUSINESS      12.a. Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus  (COVID­19) Emergency Including Operational Preparedness and Response; Continuity of City  Operations and Services; Community and Business Impacts; and Any Other Related Matters.    Recommended Action: Receive status report and consider any action or direction related to the  Novel Coronavirus (COVID­19) Emergency including operational preparedness and response;  continuity of City operations and services; community and business impacts; and any other  related matters.     Attachments: None        12.b. Approval and Adoption of 2021­22 Fiscal Year City Budget through Resolution, Five­Year  Capital Improvement Plan, the Gann Limit Resolution, Associated Financial and Debt  Management Policy Resolutions, and Budget Agreement with the Ukiah Valley Sanitation  District.     Recommended Action: Taken Separately: 1.  Approve and adopt budget resolution for the fiscal year 2021­22, 2.  Approve and adopt Gann Limit resolution for fiscal year 2021­22, 3.  Approve (in substantial form) and authorize City Manager to sign  fiscal year 2021­22 budget  agreement with the Ukiah Valley Sanitation District, 4.  Approve and adopt Financial Management Policy resolution, and 5.  Approve and adopt Debt Management Policy resolution.      Attachments:  1.FY 21­22 Budget Resolution 2.CIP ­5 year­FYE 2022 ­ In Progress ­ Working Final Draft 06­07­2021 3.Vehicle & Heavy Equipment Justifications ­ FY 21­22revised 4.Gann Limit Resolution 2022 5.Budget Agreement with UVSD, Draft 6­10­21 6.Financial Management Policy Resolution Combined 7.Financial Management (PR­39) Update 2021 ­ line out 8.Debt Management Policy Resolution Combined 9.AR­002, Debt Management Policy, update 2021 ­ line out        12.c. Update on Emergency Repair of the Yosemite Drive Water Main and Determine that  Emergency Conditions Continue to Require the Emergency Repair.    Recommended Action: Determine that emergency conditions continue to require the repair of the  Yosemite Drive Water Main without competitive bidding.     Attachments:  1.Resolution 2020­63 Yosemite Drive Water Main Emergency Work       13. NEW BUSINESS      13.a. Consideration of a Response to Correspondence from the County of Mendocino Regarding  Project Homekey 2.0.     Recommended Action: Discuss and provide direction regarding a response     Attachments:  1.County of Mendocino Ltr 5­27­21 Project Homekey 2.0       Page 4 of 550 Page 5 of 6  13.b. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary,  Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).     Recommended Action: Receive report(s).  The Council will consider modifications to committee  and ad hoc assignments along with the creation/elimination ad hoc(s).          Attachments:  1.2021 City Council Special Assignments       14. CLOSED SESSION ­ CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING      14.a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2)or(4)) Significant exposure to litigation pursuant to paragraph (2) or (4) of subdivision (d) of Section  54956.9. Consideration of potential litigation arising from emergency drought declaration.  (Government Code Section 54956.9(e)(2)): (Number of potential cases: 1)    Recommended Action: Confer in Closed Session     Attachments: None        14.b. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3)) Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section  54956.9: (Number of potential cases: 1)    Recommended Action: Confer in Closed Session     Attachments: None        14.c. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3)) Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section  54956.9: (1 potential case, involving possible termination of construction contract for cause)    Recommended Action: Confer in Closed Session     Attachments: None        14.d. Conference with Legal Counsel – Existing Litigation  (Government Code Section 54956.9(d)(1)) Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK­CVPT­2018­70200    Recommended Action: Confer in Closed Session     Attachments: None        14.e. Conference with Legal Counsel – Existing Litigation  (Cal. Gov’t Code Section 54956.9(d)(1)) Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case    No. SCUK­ CVPT­15­66036    Recommended Action: Confer in Closed Session     Attachments: None       Page 5 of 550 Page 6 of 6  14.f. Conference with Real Property Negotiators  (Cal. Gov’t Code Section 54956.8) Property:  APN Nos: 157­050­03, 157­060­02, 157­050­04, 157­050­03, 157­030­02, 157­050­ 01, 157­050­02, 157­050­10, 157­050­09, 157­070­01, 157­070­02, 003­190­01 Negotiator: Sage Sangiacomo, City Manager;  Negotiating Parties: Dave Hull and Ric Piffero  Under Negotiation: Price & Terms of Payment    Recommended Action: Confer in Closed Session     Attachments: None        14.g. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units    Recommended Action: Confer in Closed Session     Attachments: None       15. ADJOURNMENT     Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed  in order for you to attend.  The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon  request.  Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public  inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA  95482, during normal business hours, Monday through  Friday, 8:00 am to 5:00 pm.   I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main  entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this  agenda. Kristine Lawler, City Clerk Dated: 6/11/2021   Page 6 of 550 DR A F T CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting Virtual Meeting Link: https://attendee.gotowebinar.com/rt/9199312935703156493 Ukiah, CA 95482 June 2, 2021 4:00 p.m. 1.ROLL CALL AND PLEDGE OF ALLEGIANCE Ukiah City Council met at a Special Meeting on June 2, 2021, having been legally noticed on May 27, 2021. The meeting was held virtually at the following link: https://attendee.gotowebinar.com/rt/9199312935703156493. Mayor Orozco called the meeting to order at 4:07 p.m. Roll was taken with the following Councilmembers Present: Douglas F. Crane, Mari Rodin, Josefina Duenas, Jim O. Brown, and Juan V. Orozco. Staff Present: Sage Sangiacomo, City Manager; and Kristine Lawler, City Clerk. MAYOR OROZCO PRESIDING. The Pledge of Allegiance was led by Councilmember Rodin. 2.AUDIENCE COMMENTS ON NON-AGENDA ITEMS No public comment was received. 3. UNFINISHED BUSINESS a.Presentation of the Draft 2021-22 Fiscal Year City Budget and Draft Five-Year Capital Improvement Plan. Presenter: Dan Buffalo, Finance Director City-wide Overview Presenter: Dan Buffalo, Finance Director 4. NEW BUSINESS 5. ADJOURNMENT There being no further business, the meeting adjourned at 5:51 p.m. ________________________________ Kristine Lawler, City Clerk AGENDA ITEM 5a Page 7 of 550 AGENDA ITEM 5b Page 1 of 5 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting Virtual Meeting Link: https://attendee.gotowebinar.com/rt/9199312935703156493 Ukiah, CA 95482 June 2, 2021 6:00 p.m. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Ukiah City Council met at a Regular Meeting on June 2, 2021, having been legally noticed on May 27, 2021. The meeting was held virtually at the following link: https://attendee.gotowebinar.com/rt/9199312935703156493 Mayor Orozco called the meeting to order at 6:05 p.m. Roll was taken with the following Councilmembers Present: Douglas F. Crane, Mari Rodin, Josefina Dueňas, Jim O. Brown, and Juan V. Orozco. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. MAYOR OROZCO PRESIDING. The Pledge of Allegiance was led by Mayor Orozco. 3.PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a.Proclamation: Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, and Two- Spirit (LGBTQIA2) Pride Month in the City of Ukiah. Presenter: Mayor Orozco. Proclamation was received by Jennifer Sookne, Mendocino Pride Alliance Vice Chair. b.Presentation of the PFM Group on an Update to the City Council on the City’s Investment Portfolio, a Discussion of Sustainable Investing, and Recommended Changes to the City's Investment Policy. Presenters: Dan Buffalo, Finance Director and Allison Kaune, PFM Asset Management. Motion/Second: Brown/Rodin to accept the presentation and approve recommended revisions to City's investment policy. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None. ABSTAIN: None. Council Consensus for the Investment Oversight Committee to research and review the process and next steps for adopting sustainable investment strategies, and bring back recommendations to Council. 4.PETITIONS AND COMMUNICATIONS The City Clerk reported that all communications had been distributed. 5.APPROVAL OF MINUTES a.Approval of the Minutes for the May 19, 2021, Regular Meeting. Page 8 of 550 City Council Minutes for June 2, 2021, Meeting Continued: Page 2 of 5 Motion/Second: Brown/Crane to approve the Minutes of May 19, 2021, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, and Orozco. NOES: None. ABSENT: None. ABSTAIN: Brown. 6.RIGHT TO APPEAL DECISION 7.CONSENT CALENDAR a.Authorize the City Manager to Execute an Agreement (COU No. 2021-213) with Governmentjobs.com, Inc. (dba "NEOGOV") for a Cloud-Based Recruiting Module in the Amount of $39,908 for Three Years, and Approve Corresponding Budget Amendment – Human Resources/Risk Management. b.Report of Acquisition of Professional Services (COU No. 2021-214) from Alpha Analytical Laboratories, Inc. in the Amount of $17,662.80 for Quarterly Water Sampling and Completion of Chemical Examination Reports for the Ukiah Landfill – Public Works. c.Consideration of Adoption of Resolution (2021-22) Appointing Elora Babbini to the Parks, Recreation, and Golf Commission (PRGC) – City Clerk. d.Approval of Notice of Completion for Yokayo Court Conduit Installation, Specification No. 20-14, and Approval for Final Payment of the 5% Retention to Wipf Construction, LLC – Electric Utility. e.Approve Change Order #3 to Contract 2021-176 (COU No. 2021-176-CO3) with Diamond D Construction to Complete Penstock Drain Replacement, and Authorize Corresponding Budget Amendment in an Amount to be Provided to the City Council Prior to the June 2, 2021, City Council Meeting – Electric Utility. f.Approval of Purchase of One New Caterpillar Model 304E2 Excavator to Peterson Cat of Willits, CA in the Amount of $84,425.10 for the Water and Sewer Operations Division, and Approval of Corresponding Budget Amendment – Water Resources. Staff Comment: Cindy Sauers, Assistant Electric Utility Director. Motion/Second: Brown/Crane to approve Consent Calendar Items 7a-7f, as submitted. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None. ABSTAIN: None. 8.AUDIENCE COMMENTS ON NON-AGENDA ITEMS No public comments were given. 9. COUNCIL REPORTS No reports were given. 10. CITY MANAGER/CITY CLERK REPORTS Presenters: Covid Status – Sage Sangiacomo, City Manager Update of Drought and Water Conditions – Sean White, Water Resources Director. Construction Update – Tim Eriksen, Public Works Director/City Engineer. 11. PUBLIC HEARINGS (6:15 PM) a.Conduct a Public Hearing to Discuss the City of Ukiah’s 2020 Urban Water Management Plan, and Adopt Resolutions Approving the 2020 Urban Water Management Plan and Water Shortage Contingency Plan. Page 9 of 550 City Council Minutes for June 2, 2021, Meeting Continued: Page 3 of 5 Presenters: Sean White, Water Resources Director and Phillip West, West & Associates. PUBLIC HEARING OPENED AT 7:41 P.M. No public comment was received. PUBLIC HEARING CLOSED AT 7:41 P.M. Motion/Second: Crane/Brown to adopt Resolutions (UWMP: 2021-23 and WSCP: 2021-24) approving the 2020 Urban Water Management Plan and Water Shortage Contingency Plan. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None. ABSTAIN: None. 12. UNFINISHED BUSINESS a.Update on Emergency Repair of the Yosemite Drive Water Main and Determine that Emergency Conditions Continue to Require the Emergency Repair. Presenter: Tim Eriksen, Public Works Director/City Engineer. Motion/Second: Crane/Brown to determine that emergency conditions continue to require the repair of the Yosemite Drive Water Main without competitive bidding. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None. ABSTAIN: None. b.Award a Contract to Milsoft Utility Solutions, Inc. for the Replacement of the Utility Billing Customer Information System Software Program. Presenters: Mary Horger, Financial Services Manager; Lori Martin, Billing & Customer Services Manager; John Beichman and Joel Westvold, Milsoft Utility Solutions, Inc. Motion/Second: Brown/Rodin to award contract (COU No. 2021-215) to Milsoft Utility Solutions for the replacement of the Utility Billing's Customer Information System software program. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None. ABSTAIN: None. c.Approve Contract Amendment with Excergy/E Source in the Amount of $35,000 for the Utility Billing Customer Information System Project Management Services. Presenter: Mary Horger, Financial Services Manager. Motion/Second: Rodin/Brown to approve contract amendment (COU No. 2021-089-A1) with Excergy/E Source in the amount of $35,000 for the Utility Billing Customer Information System Project Management Services. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None. ABSTAIN: None. d.Continuation of Presentation of the Draft 2021-22 Fiscal Year City Budget and Draft Five- Year Capital Improvement Plan. Presenter: Dan Buffalo, Finance Director. City-wide Overview - Continued Presenter: Dan Buffalo, Finance Director RECESS: 8:29 – 8:37 P.M. Page 10 of 550 City Council Minutes for June 2, 2021, Meeting Continued: Page 4 of 5 Capital Improvement Projects Presenter: Mary Horger, Financial Services Manager 13. NEW BUSINESS a.Introduction of Ordinance by Title Only Amending Sections 3960 and 3962 in Article 2, Chapter 6, Division 4 of the Ukiah City Code, Governing Apportionment of Water and Sewer Fees to Tenants in Mobilehome Parks and Apartment Complexes. Presenters: Dan Buffalo, Finance Director and David Rapport, City Attorney. Motion/Second: Rodin/Brown to introduce Ordinance by title only. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk, Kristine Lawler, read the following title into the record: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 3960 and 3962 IN ARTICLE 2, CHAPTER 6, DIVISON 4 OF THE UKIAH CITY CODE, GOVERNING APPORTIONMENT OF WATER AND SEWER FEES TO TENANTS IN MOBILEHOME PARKS AND APARTMENT COMPLEXES Motion/Second: Rodin/Brown to introduce the Ordinance amending Sections 3960 and 3962 in Article 2, Chapter 6, Division 4 of the Ukiah City Code, governing apportionment of Water and Sewer Fees to Tenants in Mobilehome Parks and Apartment Complexes. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None. ABSTAIN: None. b.Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s). No reports were received. COUNCIL ADJOURNED TO CLOSED SESSION AT 9:18 P.M. 14. CLOSED SESSION a.Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2) & (4)) Significant exposure to litigation pursuant to paragraph (2) or (4) of subdivision (d) of Section 54956.9. Consideration of potential litigation arising from emergency drought declaration. (Government Code Section 54956.9(e)(2)): (Number of potential cases: 1) Recommended Action: Confer in Closed Session b.Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3)) Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1) c.Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)) Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 2) Page 11 of 550 City Council Minutes for June 2, 2021, Meeting Continued: Page 5 of 5 d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Gerardo Magdaleno, by and through his Guardian Ad Litem, Pedro Francisco Magdaleno v. City of Ukiah, Justin Wyatt (Fed. Dist. Ct. N.D. Cal.) 3:21-2609 VC. e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 f. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-20-74612 g. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1)) Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036 h. Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050- 01, 157-050-02, 157-050-10, 157-050-09, 157-070-01, 157-070-02, 003-190-01 Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: Dave Hull and Ric Piffero Under Negotiation: Price & Terms of Payment i. Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: APNs 184-090-07-00 and 184-100-04-00 Negotiator: Sean White, Water Resources Director and Sage Sangiacomo, City Manager; Negotiating Parties: Noble Vineyard Management Under Negotiation: Instruction to negotiator will concern price and terms of payment. j. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units Direction was given to staff. 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:43 p.m. ________________________________ Kristine Lawler, City Clerk Page 12 of 550 Page 1 of 3 CITY OF UKIAH CITY COUNCIL MINUTES Virtual Meeting Link: https://attendee.gotowebinar.com/register/7989553280015361551 Special Meeting June 3, 2021 3:00 p.m. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Ukiah City Council met at a Special Meeting on June 3, 2021, having been legally noticed on May 28, 2021. The meeting was held at the following virtual link: https://attendee.gotowebinar.com/register/7989553280015361551 Mayor Orozco called the meeting to order at 3:09 p.m. Roll was taken with the following Councilmembers Present: Douglas F. Crane, Mari Rodin, Josefina Duenas (arriving at 3:40 p.m.), Jim O. Brown, and Juan V. Orozco Staff Present: Sage Sangiacomo, City Manager and Kristine Lawler, City Clerk. MAYOR OROZCO PRESIDING. The Pledge of Allegiance was led by Vice Mayor Brown. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No public comment was received. 3. UNFINISHED BUSINESS – BUDGET WORKSHOP a.Continuation of Presentation of the Draft 2021-22 Fiscal Year City Budget and Draft Five- Year Capital Improvement Plan. Presenter: Dan Buffalo, Finance Director. City Manager’s Office (3:15 p.m.) Presenters: City Council – Sage Sangiacomo, City Manager City Manager – Shannon Riley, Deputy City Manager City-Wide Administrative Services – Shannon Riley, Deputy City Manager Community Outreach – Shannon Riley, Deputy City Manager City Clerk – Kristine Lawler, City Clerk Economic Development – Shannon Riley, Deputy City Manager Emergency Management – Traci Boyl Redevelopment Successor Agency – Shannon Riley, Deputy City Manager Human Resources/Risk Management – Shannon Riley, Deputy City Manager Finance (3:47 p.m.) Presenters: Finance Department Overview – Dan Buffalo, Finance Director Financial Services - Disbursements – Sarah Brown, Financial Manager Accounting, Reporting, and Budget – Olga Keough, Finance Controller Billing and Customer Service/Meter Readers – Lori Martin, Customer Service and Billing Supervisor Financial Services – Procurement, Capital and Special Projects – Mary Horger, Procurement Manager AGENDA ITEM 5c Page 13 of 550 City Council Minutes for June 18, 2020, Continued: Page 2 of 3  Information Technology – Scott Shaver, Interim I.T. Administrator and Ryan Burkhart I.T. Manager. City Attorney (4:18 p.m.) Presenter: Dan Buffalo, Finance Director City Treasurer (4:18 p.m.) Presenter: Dan Buffalo, Finance Director Police (4:23 p.m.) Presenter: Noble Waidelich, Police Captain RECESS: 4:45 - 5:00 P.M. (Councilmember Duenas returning at 5:09 p.m.) Ukiah Valley Fire Authority (5:00 p.m.) Presenter: Douglas Hutchison, Fire Chief Community Services (5:31 p.m.) Presenter: Neil Davis, Program Administrator  Alex Rorabaugh Recreation Center  Parks  Park Development  Aquatics  Golf  Building Maintenance  Conference Center  Museum  Recreation  Special Services Community Development (6:26 p.m.) Presenters:  Planning Services – Mireya Turner, Planning Manager  Building Services – Matt Keizer, Building Official  Housing Services – Craig Schlatter, Community Development Director  Grants Management – Neil Davis, Program Administrator Public Works (6:35 p.m.) Presenter: Tim Eriksen, Public Works Director / City Engineer  Fleet and Plant Management  Engineering  Corp Yard  Landfill  Streets Airport (6:56 p.m.) Presenter: Greg Owen, Airport Manager Electric Utility (6:59 p.m.) Presenters: Mel Grandi, Electric Utility Director and Cindy Sauers, Assistant Electric Utility Director  Electric Distribution  Technical Services  Electric Administration Page 14 of 550 City Council Minutes for June 18, 2020, Continued: Page 3 of 3 Water Resources (7:13 p.m.) Presenter: Sean White, Water Resources Director  Water Services  Wastewater Services  Recycled Water Services Closing remarks were given by both the Finance Director and City Manager. 4. NEW BUSINESS 5. ADJOURNMENT There being no further business, the meeting adjourned at 7:37 p.m. ________________________________ Kristine Lawler, City Clerk Page 15 of 550 Page 1 of 2 Agenda Item No: 7.a. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2019-82 AGENDA SUMMARY REPORT SUBJECT: Report of Disbursements for the Month of May 2021. DEPARTMENT: Finance PREPARED BY: Candice Rasmason, Accounts Payable PRESENTER: Consent Calendar ATTACHMENTS: 1. May 2021 Summary of Disbursements 2. Account Codes for Reference 3. Object codes for Reference 4. May 2021 Disbursement Detail Summary: The Council will review and consider approval of the Report of Disbursements for the month of May 2021. Background: Payments made during the month of May 2021 are summarized on the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable Check Numbers (City & UVFA): 3042664-3042737; 3042738-3042833; 3042834-3042891; 3042892-3042997 Accounts Payable Wire Transfers: 43 Payroll Check Numbers: 508849-508895; 508896-508942 Payroll Manual Check Numbers: N/A Direct Deposit Numbers: 104465-104693; 104694-104929 Manual Direct Deposit Numbers: N/A Void Check Numbers: 3041624, 3042332, 3041425 Void Direct Deposit Numbers: N/A Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. Attachment #1: May 2021 Summary of Disbursements Attachment #2: Account Codes for Reference Attachment #3: Object Codes for Reference Attachment #4: May 2021 Disbursement Detail Page 16 of 550 Page 2 of 2 Recommended Action: Approve the Report of Disbursements for the Month of May 2021. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Page 17 of 550 Attachment 1 FUNDS: 100 General Fund $115,739.70 700 Sanitary Disposal Site Fund $9,120.21 101 GF-(Sub-Fund) Visit Ukiah 701 Landfill Corrective Fund 105 Measure S General Fund 702 Disposal Closure Reserve Fund $17,460.00 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $16,198.27 710 Ambulance Services Fund $1,795.08 200 City Adminstrative Services $110,596.58 720 Golf Fund $11,764.05 201 Worker's Comp Fund $289,043.00 730 Confernence Center Fund $3,152.42 202 Liability Fund 750 Visit Ukiah 203 Garage Fund $5,257.13 777 Airport Fund $59,687.36 204 Purchasing Fund $2,810.09 778 Airport Capital Improvement Fund $3,266.48 205 Billing & Collections Fund $19,271.18 779 Special Aviation Fund 206 Public Safety Dispatch Fund $1,912.51 800 Electric Fund $817,491.18 207 Payroll Posting Fund $551,642.37 801 Electric Capital Reserve Fund $424,052.18 208 Building Maintenance/Corp Yard Fund $30,123.76 803 Lake Mendocino Bond Reserve 209 IT Fund $152,895.09 805 Street Lighting Fund $12,225.53 220 Equipment Reserve Fund 806 Public Benefits Fund $5,665.17 249 City Housing Bond Proceeds 807 Electric Capital & Trade Fund 250 Special Revenue Fund $0.00 820 Water Fund $97,767.37 251 Special Projects Reserve Fund $1,437.50 822 Water Capital Improvement Fund $146,871.42 253 CITY PROP 172 $14,337.42 830 Recycled Water Fund $66,968.35 300 Park Development Fund 840 City/District Sewer Fund $108,280.84 301 Anton Stadium Fund $0.00 841 Sewer Contruction Fund 302 Observatory Park Fund 843 Sewer Capital Fund 304 Swimming Pool Fund $0.00 900 Special Deposit Trust $2,974.62 305 Riverside Park Fund $0.00 901 General Service (Accts Recv)$2,943.85 306 Skate Park Fund $0.00 902 U.S.W. Billing & Collection $50,712.10 310 Museum Grants 903 Public Safety - AB 109 $0.00 311 Alex Rorbaugh Recreation Center Fund $2,118.68 905 Federal Emergency Shelter Grant 312 Downtown Business Improvement Fund 905 Mendocino Emergency Service Authority 313 LMIHF Housing Asset Fund 911 Russian River Watershed Association 314 Winter Special Events 915 UVFD $32,717.79 315 Advanced Planning Fund $0.00 916 UVFD PROP 172 $14,337.39 500 2106 Gas Tax Fund 917 UVFD Measure B $14,294.24 501 2107 Gas Tax Fund 918 UVFD Mitigation $1,361.78 503 2105 Gas Tax Fund 940 Sanitation District Special Fund 505 Signalization Fund 942 Rate Stabilization - UVSD Fund 506 Bridge Fund 943 Sanitation District Capital Improvement Fund 507 1998 STIP Augmentation Fund 952 REDIP Sewer Enterprise Fund 508 SB325 Reimbursement Fund 960 Community Redevelopment Agency 509 S.T.P. Fund $389.36 961 RDA Housing Pass-Through 510 Trans-Traffic Congest Relief Fund 962 Redevelopment Housing Fund 511 Rail Trail Fund 963 Housing Debt 600 Community Development Block Grant 964 RDA Capital Pass-Through 601 EDBG 94-333 Revolving Loan 965 Redevelopment Capital Improvement Fund 602 Community Development Fund 966 Redevelopment Debt Service 603 08-HOME-4688 967 Housing Bond Proceeds 604 CDBG Grant 09-STBG-6417 968 Non-Housing Bond Proceeds 605 11-HOME-7654 Fund $0.00 969 RDA Obligation Retirement Fund 606 CDBG Grant 10-EDEF-7261 844/944 Sewer Capital Projects Fund $15,591.56 607 Prop 84 Grant Fund 609 13-CDBG-8940 610 City RDA Projects Fund 613 Home Program Activities 630 Asset Seizure Fund $757.70 631 Asset Seizure Fund (Drug/Alcohol)Retainage Withheld 633 H & S Education 11489(B)(2)(A1)$8,000.00 611 CDBG 16-CDBG-11147 634 Federal Asset Seizure Grants 635 SUP Law Enforcement Service Fund 636 CBTHP Officer 637 Local Law Enforcement Block Grant 638 Asset Forfeiture 11470.2 H & S 639 Special Revenue - Police 640 Parking District Fund $515.04 691 Museum Fund 695 Transfer Station Fund PAYROLL CHECK NUMBERS: 508849-508895 DIRECT DEPOSIT NUMBERS: 104465-104693 TOTAL DEMAND PAYMENTS- A/P CHECKS $3,243,546.35 PAYROLL PERIOD: 4/18/21-5/1/21 TOTAL DEMAND PAYMENTS- EFT's $243.00 PAYROLL CHECK NUMBERS: 508896-508942 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,029,105.33 DIRECT DEPOSIT NUMBERS: 104694-104929 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS)$599,831.93 PAYROLL PERIOD: 5/2/21-5/15/21 * vendor name( if applicable) PAYROLL CHECK NUMBERS: DIRECT DEPOST NUMBERS: PAYROLL PERIOD: VOID CHECK NUMBERS: 3041624, 3042332, 3041425 TOTAL PAYMENTS $4,872,726.61 N/A WIRE TRANSFER NUMBERS: 43 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on ____________________. City Clerk APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same.I have audited this Register and approve for accuracy and available funds. ____________________________________________________________________________________________ City Manager Director of Finance MANUAL CHECK NUMBERS: CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MAY Page 18 of 550 Account Code Summary Attachment 2 10000000 General Fund 20524412 Water Department - Meter Readers 10020210 Patrol 20526430 Electric Department - Meter Readers 10020214 Police Reserves 20620231 Ukiah Dispatch 10020216 COPS Grant 20620232 Ft Bragg Dispatch 10020218 Police - CSO 20700000 Payroll Posting Fund 10020224 Police - Major Crimes Task Force 20822500 Building Maintenance 10021210 Fire Administration 20824300 Corporation Yard 10021312 Fire Volunteer Station 20913900 IT Fund 10022100 Parks 22013300 FA Replace - Finance UB 10022300 Aquatics 22020200 FA Replace - Police Operations 10022800 Recreation 22021210 FA Replace - Fire Administration 10022810 Recreation Administration 22022900 FA Replace - Information Technology 10022821 Adult Basketball 22024100 FA Replace - Garage 10022822 Adult Softball 22024220 FA Replace - Streets 10022824 Co-Ed Volleyball 22024413 FA Replace - Water Distribution Cap 10022831 Youth Basketball 22024414 FA Replace - Water Distribution O&M 10022832 Youth Softball 22024421 FA Replace - City Wastewater 10022840 Day Camp 25024210 Engineering Reserve 10022850 Classes & Clinics 25024300 Corporation Yard Reserve 10022860 Special Activities 25122900 CIP - IT 10023100 Community Planning 25123100 CIP - Planning 10023320 Building Inspection 25124210 CIP - Engineering 10024210 Engineering 25124220 CIP - Streets 10024214 Traffic Signals 25124410 CIP - Water 10024224 Storm Drains 25124421 CIP - City Wastewater 10024620 Streets 25126410 CIP - Electric 10112700 Visit Ukiah 30022200 Park Development 20010000 City Council 30122210 Anton Stadium 20012100 City Manger 30222220 Observatory Park 20012200 City-Wide Admin 30522250 Riverside Park 20012300 Community Outreach 30622260 Skate Park 20012500 City Clerk 30822280 Project Planning 20012600 Economic Development 31022700 Museum Grant 20012800 Emergency Management 31122000 Alex Rorabaugh Recreation Center 20013200 Budget Management 31217100 Downtown Business Improvement District 20013210 Accounts Payable 50524210 Engineering - Signalization Fund 20013220 Payroll 50624210 Capital Engineering 20013400 Accounting 50824210 SB325 - Engineering 20014000 City Attorney 50824220 SB325 - Streets 20015100 City Treasurer 50924210 STP - Engineering 20016100 Human Resources 50924220 STP - Streets 20112400 Worker's Compensation Fund 51024220 Trans - Traffic Slurry Seal 20212400 Liability Fund 510X9999 Trans -Traffic Project 20324100 Garage Fund 60217441 Grant - CDBG 602 20413500 Purchasing Fund 60317442 Grant - HOME 603 20513300 Billing and Collections 60417441 Grant - CDBG 604 20514000 Billing and Collections - City Attorney 60517442 Grant - HOME 605 Page 19 of 550 Account Code Summary Attachment 2 60517462 FTHB Activity Delivery 60517461 First Time Homebuyer Program 60517467 FTHB - PIR 80026130 Electric Substation 60600000 CDBG Grant 10-EDEF-7261 Fund 80026140 Reimbursable Work for Others 60617441 Grant - CDBG 606 80026200 Electric Metering 60617451 General Administration 80026300 Electric Generation 60617452 AD ED Direct Financial Assistance 80026312 Mendocino Hydro 60617453 ED Direct Financial Assistance 80026330 Hydro Electric 60717443 Grant Prop 84 80026400 Electric Administration 60724413 Prop 84 Water Distribution Cap 80026410 Electric General Administration 60900000 13-CDBG-8940 80026430 Interdepartmental Charges 60917458 13-CDBG-8940 80326330 Hydro Plant 63020210 Asset Seizure Expenditure 80526610 Street Lighting 63120210 Drug & Alcohol Education 80626500 Public Benefit 63320210 H&S Asset Seizure Expenditure 82027110 Water 63420250 Fed Asset Seizure Expenditure 82027111 Water - Production O&M 63520210 SLESF 82027113 Water - Distribution Capital 63820210 Asset Forfeiture 11470 82027114 Water - Distribution O&M 64020213 Parking Enforcement 82027115 Water - Production Capital 69122700 Museum 82227113 Water - Distribution Capital 70024500 Landfill 700 84027220 Wastewater 70224500 Landfill Closure 84027221 Wastewater City - O&M 70424500 Landfill Post closure 84027222 Wastewater City - Capital 72022400 Golf 84027225 Wastewater Treatment - O&M 73022600 Conference Center 84027226 Wastewater Treatment - Capital 75017110 Visit Ukiah 84227220 Wastewater 77725200 Airport Operations 84327222 Wastewater City - Capital 77817411 FAA Grant 84427221 Wastewater City Capital - O&M 80026100 Electric Administration 84427222 Wastewater City - Capital 80026110 Electric Overhead 90000000 Special Deposit Trust Fund 80026120 Electric Underground 91190100 Russian River Watershed Assoc 80100000 Infrastructure 96900000 Successor Agency Page 20 of 550 12102 INVENTORY OF SUPPLIES 52526 FRAUD INVEST. ASSESSMENT 12103 STORES PURCHASES 52527 A.D.P. PREMIUM & DEDUCTIBLE 12104 INVENTORY - PURCHASES 52528 LIABILITY INSURANCE 12105 STORES ISSUES 52529 EARTHQUAKE & FLOOD PREMIUMS 51211 PERS UNFUNDED LIABILITY 52530 POLLUTION-ENVIRON INS PREMIUM 51280 OVERTIME/CALLOUT MEALS 52531 UMEMPLOY. INS EXPENSE 51285 CALLOUT MILEAGE REIMBURSEMENTS 52532 SAFETY & TRAINING SUPPORT 52100 CONTRACTED SERVICES 52600 RENT 52107 CONTRACTED SERVICES-EIR 52841 SUCCESSOR AGENCY ADMIN 52108 CONTRACT SERVICES-GPU 54100 SUPPLIES 52110 AMBULANCE BILLING 54101 POSTAGE 52111 MAINT. CONTRCTS - DEFIBRULATOR 54102 SMALL TOOLS 52112 M. S. OVERSIGHT 54105 PHOTOGRAPHIC EXPENSE 52113 PLANNING STUDIES 54106 SPECIALTY SUPPLIES 52114 COMPLIANCE STUDIES 54120 PW - SPECIAL SUPPLIES 52120 LABOR CHARGES FROM OTHER DEPAR 54121 PW - ASPHALT CONCRETE 52130 EDUCATIONAL & MARKETING MATL'S 54122 PW - AGGREGATE BASE 52131 ASSISTANCE TO SENIORS 54123 PW - CRACK SEALANT 52132 EMERGENCY ASSISTANCE 54124 PW - CONCRETE/SUPPLIES 52133 MONTHLY DISCOUNT PROGRAM 54125 PW - TRAFFIC PAINT 52134 CONTRACT ADMINISTRATION 54126 PW-PREMARKS 52135 ENERGY CONSERVATION PROGRAM 54127 PW - SIGN POSTS/SHEETING 52136 PHOTOVOLTAIC RATES/INCENTIVE 54128 PW - COLD PATCH MATERIAL 52137 PUBLIC BENEFITS PROGRAM MGMT 54129 PW - TACK OIL 52138 NCPA PUBLIC BENEFITS PROGRAM 54130 PW - SAFETY 52139 RESEARCH, DEVELOPMENT & DEMO 54131 PW - BARRICADES & CONES 52140 LITIGATION EXPENSES 54160 HR - CITY LIABILITY & CONTRACT 52145 DETACHMENT-SEWER-UVSD 54161 HR - BACKGROUND & PHYSICALS 52150 LEGAL SERVICES/EXPENSES 54162 HR - ADVERTISING 52151 AFLAC & PERS INSUR ADMIN FEES 54163 HR - INTERVIEW SUPPLIES 52170 UKIAH WASTE SOLUTIONS 54164 HR - FORMS & OTHER DIV. EXP. 52171 RESIDENTIAL BILLING CHARGE 54165 HR - NEW EMPLOYEE FINGERPRINT 52172 COMMERCIAL OVERSIGHT FEE 54166 HR - DOT TESTING PROGRAM 52180 SECURITY SERVICES 54167 HR - EMPLOYEE DEVELOPMENT 52301 PROPERTY TAX ADMIN FEE 54168 HR - REMIF SAFETY TRNG & SUPPO 52302 AMBULANCE FEES 54201 PRISONER EXPENSE 52303 REHIT SUPPORT 54202 MAJOR CRIME INVETIGATIONS 52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE 52500 TRUSTEE FEES 54330 COMPUTER AND TECHNOLOGY 52510 ADVERTISING & PROMOTION 54500 EQUIP RENTS AND LEASES 52515 ADVERTISING & PUBLICATION 54700 FINES & PENALTIES 52521 LIABILITY INSURANCE PREMIUM 55100 TELEPHONE 52522 LIABILITY INSURANCE DEDUCT 55200 PG&E 52523 BOILER/MACHINERY PREMIUMS 55210 UTILITIES 52524 PROPERTY INSURANCE 56100 VEHICLE & EQUIPMENT MAINT. & R 52525 WORKER'S COMP. EXPENSE 56110 CITY GARAGE - PARTS Object Code Summary Attachment 3 Page 21 of 550 56121 R & M RADIO EQUIPMENT 56111 CITY GARAGE - LABOR 56122 R & M NON-AUTO EMS EQUIPMENT 56112 EQUIPMENT PARTS FOR RESALE 56123 R & M COMPUTERS 56120 EQUIPMENT MAINTENANCE & REPAIR 56124 MAINT CONTRACT DEFIBULATORS 80235 SYSTEM MAINTENANCE 56130 EXTERNAL SERVICES 80236 EMERGENCY/CONTINGENCY 56210 FUEL & FLUIDS 90100 LOAN PROCEEDS 56300 BUILDING MAINT. & REPAIR 90101 LOAN PAYMENT RECEIVED 56410 EQUIPMENT RENTAL - PRIVATE 90301 LOAN REPAYMENT 56504 FACILITY MAINTENANCE & REPAIR 90410 BOND PROCEEDS 56600 AIRFIELD MAINTENANCE & REPAIR 56700 LANDFILL CLOSURE EXPENSE 57100 CONFERENCE & TRAINING 57101 CONF & TRAINING-AQUATICS 57102 CONF & TRAINING-PARKS STAFF 57200 MEETINGS 57300 MEMBERSHIPS & SUBSCRIPTIONS 58101 NCPA PLANT GENERATION 58102 NCPA POWER PURCHASES 58103 NCPA TRANSMISSION 58104 NCPA MANAGEMENT SERVICES 58105 NCPA THIRD PARTY SALES 58106 NCPA PASS THROUGH COSTS 58107 NCPA COMMITMENTS ACTIVITY 58201 WATER PURCHASES 58202 WATER TREATMENT PLANT CHEMICAL 58401 AVIATION FUEL 58410 GARAGE LUBRICANTS & PARTS 58510 REIMBRSABLE JOBS 59100 PROPERTY TAXES PAID 59101 FEES 59102 FRANCHISE FEES 59350 PURCHASE DISCOUNTS TAKEN 59400 OTHER EXPENSES 70101 LOAN PAYMENTS MADE 70102 BOND INTEREST PAYMENTS 70110 BOND ISSUANCE COSTS 70201 LOAN PRINCIPAL PAYMENTS 70202 BOND PRINCIPAL PAYMENTS 80100 MACHINERY & EQUIPMENT 80200 BUILDINGS ACQUISITION 80210 LAND ACQUISITION 80220 BUILDING IMPROVEMENTS 80230 INFRASTRUCTURE 80231 RECYCLING STUDY 50% GRANT MATC 80232 LINE REPLACEMENTS 80233 MAIN REPLACEMENTS 80234 INFLOW/INFILTRATION Page 22 of 550 ATTACHMENT 4 Page 23 of 550 Page 24 of 550 Page 25 of 550 Page 26 of 550 Page 27 of 550 Page 28 of 550 Page 29 of 550 Page 30 of 550 Page 31 of 550 Page 32 of 550 Page 33 of 550 Page 34 of 550 Page 35 of 550 Page 36 of 550 Page 37 of 550 Page 38 of 550 Page 39 of 550 Page 40 of 550 Page 41 of 550 Page 42 of 550 Page 43 of 550 Page 44 of 550 Page 45 of 550 Page 46 of 550 Page 47 of 550 Page 48 of 550 Page 49 of 550 Page 50 of 550 Page 51 of 550 Page 52 of 550 Page 53 of 550 Page 54 of 550 Page 55 of 550 Page 56 of 550 Page 57 of 550 Page 58 of 550 Page 59 of 550 Page 60 of 550 Page 61 of 550 Page 62 of 550 Page 63 of 550 Page 64 of 550 Page 65 of 550 Page 66 of 550 Page 67 of 550 Page 68 of 550 Page 69 of 550 Page 70 of 550 Page 71 of 550 Page 72 of 550 Page 73 of 550 Page 74 of 550 Page 1 of 2 Agenda Item No: 7.b. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2021-918 AGENDA SUMMARY REPORT SUBJECT: Approval of a Transfer in the Amount of $15,198 from the General Fund 100 to the Golf Fund 720 for the Golf Course Storm Drain Project Specification 19-07. DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: ATTACHMENTS: 1. Combined ASRs Summary: Council will consider approving a transfer in the amount of $15,198 from the General Fund 100 to the Golf Fund 720 for the Golf Course Storm Drain Project Specification 19-07. Background: In May of 2020, Council awarded a bid in the amount of $114,671 to T&T Paving Inc., dba Valley Paving for the Golf Course Storm Drain Project, Specification No. 19-07. In August of 2020, Council approved filing of the Notice of Completion for the project, with a final project amount of $162,093.36. Please see Attachment 1 for a copy of the Agenda Summary Reports. Discussion: Originally, the reimbursement anticipated was 75% from FEMA, and 18.75% from CalOES of total project costs. The balance of the costs would be supplemented by a transfer from the General Fund. The actual reimbursement approved and subsequently received was 67.5% from FEMA, and 16.88% from CalOES of total project costs. Therefore, staff is requesting approval for additional funds to be transferred from the General Fund (100) to the Golf Fund (720) in the amount of $15,198 to cover the reimbursement shortfall. The total cost from the General Fund for this project, if the transfer is approved, will be $25,327.36. Recommended Action: Approve a transfer in the amount of $15,197.16 from the General Fund 100 to the Golf Fund 720 for the Golf Course Storm Drain Project Specification 19-07. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 10000000.95720: $2,247.20; 72000000.91100: -$2,247.20 PROPOSED BUDGET AMOUNT: 10000000.95720: $17,445.20; 72000000.91100: -$17,445.20 FINANCING SOURCE: General Fund PREVIOUS CONTRACT/PURCHASE ORDER NO.: 1920-255 COORDINATED WITH: Maya Simerson, Project & Grant Administrator; Olga Keough, Controller; Tami Bartolomei, Emergency Management Administrator Page 75 of 550 Page 2 of 2 Page 76 of 550 Page 1 of 2 Agenda Item No: 7.i. MEETING DATE/TIME: 5/20/2020 ITEM NO: 2020-402 AGENDA SUMMARY REPORT SUBJECT: Award Bid to T&T Paving Inc., dba Valley Paving in the Amount of $114,671 for the Golf Course Storm Drain Project, Specification No. 19-07, and approval of corresponding budget amendment. DEPARTMENT:Public Works PREPARED BY:Andrew Stricklin, Engineering Analyst PRESENTER: Consent Calendar ATTACHMENTS: 1.Spec 19-07 Golf Course Storm Drain 2.Bid_Results_Export (23) 3.Bid from Schaefer Engineering 4.Subletting and Subcontracting 5.Bid from Valley Paving 6.Valley Paving - Sub-contractor DIR number correction Summary: The City Council will consider declaring the bid from Schaefer Engineer Inc. as non-responsive, rejecting the bid, and awarding the contract to T&T Paving Inc., dba Valley Paving in the Amount of $114,671 for the Golf Course Storm Drain Project, Specification No. 19-07, and approval of corresponding budget amendment. Background: As a result of the February storms in 2019, significant damages were made to a storm drain located at the Ukiah Valley Golf Course. The City's Office of Emergency Management Coordinator submitted necessary documents to FEMA for reimbursement for damages caused by the winter storm. After FEMA and Cal OES visited the site to assess the damages, they agreed the damages were a result of the storm. City staff provided an estimate of the repair costs, which FEMA approved, in the amount of $162,477. Of the project costs, FEMA will reimburse the City 75%, Cal OES 18.75%, and the City will be responsible for the remaining 6.25%. Once the project is complete, copy of the invoices will be submitted to Cal OES, and reimbursement funds will be released. Discussion: City staff designed and completed Plans and Specifications for the Golf Course Storm Drain Project internally and advertised the project for bid on April 27, 2020, with a bid opening on May 14. A copy of Plans and Specifications is included as Attachment 1. The City received bids from fourteen contractors. The bid tabulation is included as Attachment 2. Schaefer Engineering Inc. was the apparent low bidder, with a bid amount of $108,338. A copy of Schaefer Engineering's bid is provided as Attachment 3. After review of Schaefer's bid, it was found that the bid is non- responsive, primarily due to the multiple errors or omissions in listing the subcontractor: no location of subcontractor's place of business, no CSLB license number, incorrect public works registration number, and failure to specify the work the subcontractor would perform. Per the Subletting and Subcontracting Fair Practices Act (see Attachment 4), errors in registration or license numbers can be corrected within 24 hours of the bid opening, but are limited to that. The second lowest bid was received from T & T Paving Inc., dba Valley Paving in the amount of $114,671. Page 77 of 550 Page 2 of 2 Please refer to Attachment 5 for a copy of their bid. After review, there was one error identified, which was the listed subcontractor's Public Works Registration number written incorrectly. As identified earlier, this is an error that can be corrected within 24 hours of the bid opening. Please refer to Attachment 6 for an email from the contractor requesting the correction. It is therefore staff's recommendation to award the bid for Specification No. 19-07 Golf Course Storm Drain Project to T & T Paving Inc., dba Valley Paving in the amount of $114,671. A budget amendment is also being requested in the amount of the bid plus 10%, to allow for contingencies for the construction side, and a corresponding budget amendment on the revenue side to show the expected reimbursement. Recommended Action: Declare the bid from Schaefer Engineer Inc. as non-responsive, reject the bid, and award the contract to T&T Paving Inc., dba Valley Paving in the Amount of $114,671 for the Golf Course Storm Drain Project, Specification No. 19-07, and approval of corresponding budget amendment. BUDGET AMENDMENT REQUIRED: Yes. CURRENT BUDGET AMOUNT: 72022400.80230.18191: $0 PROPOSED BUDGET AMOUNT: 72022400.43290.18191: -$94,604; 72022400.43191.18191: -$23,651; 72000000.91100: -$7,883; 10000000.95720: $7,883; 72022400.80230.18191: $126,138 FINANCING SOURCE: 75% FEMA Public Assistance Grant, 18.75% Cal OES, 6.25% General Fund PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Tim Eriksen, Public Works Director/City Engineer; Andrew Stricklin, Public Works Management Analyst; Mary Horger, Financial Services Manager; David Rapport, City Attorney Page 78 of 550 Page 1 of 2 Agenda Item No: 7.h. MEETING DATE/TIME: 8/5/2020 ITEM NO: 2020-489 AGENDA SUMMARY REPORT SUBJECT: Approval of Notice of Completion for Golf Course Storm Drain Project, Specification 19-07, Change Orders and Budget Amendment in the Amount of $35,955.26. DEPARTMENT:Public Works PREPARED BY:Jason Benson, Senior Civil Engineer PRESENTER: ATTACHMENTS: 1.Contract Change Order #1-4 2.Notice of Completion-Spec 19-07 3.Invoices- Valley Paving, Tayman Park Golf Group 4.Contract_1920255 Summary: Council will Consider 1. Accepting the work as complete. 2. Directing the City Clerk to file the Notice of Completion with the County Recorder for Golf Course Storm Drain Replacement, Specification No.19-07. 3. Approval of Change Orders. 4. Approval of Budget Amendment in the Amount of $35,955.26 Background: The City Council awarded a contract on May 20, 2020, to T&T Paving Inc., dba Valley Paving of Redwood Valley, CA in the amount of $114,671, inclusive of quantities to be billed at actual amounts. The project involved the removal and replacement of the existing storm drains damaged as a result of the February storms in 2019. The project is FEMA-approved in the amount of $162,477. The total project costs will be reimbursed by FEMA at 75%, by Cal OES 18.75%, and the City will be responsible for the remaining 6.25%. With completion of the project, invoices will be submitted for reimbursable funds to be released. Discussion: The work of the contract was completed by the contractor in substantial conformance with the approved plans and specification on July 10, 2020. The City Engineer approved four contract change orders (Attachment 1) totaling $31,270.50 for installation of storm drain pipe, drain inlets, replacement of existing sidewalk, and the inlet and outflow of the storm drain system. Approved change orders consisted of the following: Change Order 1 - A 4” water main for the golf course irrigation system near an existing storm drain being replaced is in the location of the new storm drain pipeline. Change Order 2 – Conflict with a 4” water main for the golf course irrigation system near the storm drain and drain inlet replacement. Additional excavation and backfill required to revise the existing terrain slope, with additional adjustments to drain inlets. Change Order 3 - Pave (4) areas of the golf course cart path outside of the construction zone damaged by construction equipment and materials traffic. These areas shall include approximately 2,000 SF. Page 79 of 550 Page 2 of 2 Change Order 4 – Bid item deduct for item #2 installation of 44 LF of storm drain and item #15 turf replacement, and bid item add for item #3 installation of 44 LF of storm drain. Based on actual quantities constructed and the authorized contract change orders, the final Valley Paving contract cost was $162,093.36. Final payment of the retention will be made to the contractor after 35 days from the date the Notice of Completion (Attachment 2) is filed with the County Recorder. In addition to Change Order 4 for Valley Paving that had a deduction of $15,000 for turf replacement, the Golf Course Management Team (Tayman Park Golf Group) agreed upon the replacement of turf at or below the same cost. This work included materials: compost, grass seed, and fertilizer and labor time associated. The invoice for this work (Attachment 3) also includes the Time and Material associated with irrigation timer repairs that were damaged during excavation. The total cost of the project is $162,093.36 and is below the FEMA approved amount of $162,477.00. Staff is requesting approval of: Notice of Completion with the County Recorder for Golf Course Storm Drain Replacement, Specification No.19-07. 2. Approval of Change Orders. 3. Approval of Budget Amendment in the Amount of $35,955.26 The original contract has been attached for reference as Attachment 4. Recommended Action: 1. Accept the work as complete. 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for Golf Course Storm Drain Replacement, Specification No.19-07. 3. Approval of Change Orders. 4. Approval of Budget Amendment in the Amount of $35,955.26 BUDGET AMENDMENT REQUIRED: Yes- $35,955.26 CURRENT BUDGET AMOUNT: 72022400.80230.18191: $126,138.10 (including 10% contingency) PROPOSED BUDGET AMOUNT: 72024400.43290.18191- $26,966.45; 72022400.43191.18191- $6,741.61; 10000000.95720- $2,247.20 FINANCING SOURCE: 75% FEMA Public Assistance Grant, 18.75% Cal OES, 6.25% General Fund PREVIOUS CONTRACT/PURCHASE ORDER NO.: 1920255 COORDINATED WITH: Tim Eriksen, Director of Public Works/City Engineer; Mary Horger, Financial Services Manager Page 80 of 550 Page 1 of 1 Agenda Item No: 7.c. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2021-922 AGENDA SUMMARY REPORT SUBJECT: Report of Disposition of Surplus Materials, Used Equipment, and Supplies. DEPARTMENT: Finance PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Consent Calendar ATTACHMENTS: 1. Sold Assets Summary: Council will receive a report of the disposition of surplus materials, used equipment, and supplies. Background: In May 2021 an on-line auction was released for the sale of miscellaneous items from City departments that have been determined obsolete, or in poor condition, and no longer used. As per policy, all departments were notified of the availability of these items in surplus prior to the auction, in the case of an unknown use for another department. Discussion: The total amount of the sale was $48,866.00. Attachment 1 provides the list of items sold, the amount they sold for, and the departments the sale proceeds have been applied to. At the time of the auction, in addition to the wide-span marketing that GovDeals.com conducts, alerts of the auction were placed on the City's website, and ads were run in The Ukiah Daily Journal. Due to Covid-19 safety precautions auction items were not able to be inspected in person. GovDeals.com is used by public agencies throughout the country to sell surplus items. The auction is accessible both locally and abroad through their online portal. Recommended Action: Receive and file report regarding the disposition of surplus materials, used equipment, and supplies. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Mary Horger, Financial Services Manager; Mary Williamson, Buyer II; David Kirch, Fleet and Maintenance Supervisor Page 81 of 550 ATTACHMENT 1 ASSETS SOLD May 2021 Item # Inv ID ID Description Sold Amount  Tax  Collected Department 1 2636 175 2007 Chevrolet Van/Camera Truck $14,500.00 $0.00 Sewer 2 2711 176 1989 Chevrolet R3500 Regular Cab 2WD $4,560.00 $0.00 Streets 3 2801 177 2001 American LaFrance Type 1 Fire Truck $3,892.00 $0.00 City Fire 4 3160 178 1994 GMC 1500 Pickup $2,275.00 $0.00 Police 5 4116 179 2011 Ford Crown Victoria Police Interceptor $1,225.00 $0.00 Police 6 4146 180 2007 Ford Crown Victoria Police Interceptor $1,625.00 $0.00 Police 7 4195 181 2007 Ford Crown Victoria Police Interceptor $1,576.00 $0.00 Police 8 6431 182 1993 Ford F‐350 XL Reg. Cab DRW 2WD $6,503.00 $0.00 UVFD 9 6483 183 1994 Freightliner FL80 $8,750.00 $0.00 UVFD 10 6806 184 2006 Ford Expedition $3,025.00 $0.00 UVFD 11 185 185 100 GallonTank $100.00 $9.76 Garage 12 187 187 Lot of Tires $45.00 $4.39 Garage 13 189 189 Truck Scale $500.00 $48.81 WWTP 14 190 190 Ford F250 Bumper $20.00 $1.95 UVFA 15 191 191 Ford F250 Bumper $20.00 $1.95 City Fire 16 192 192 Two (2) Arden Industries Tablet Chlorination System $250.00 $24.41 WTP TOTAL:$48,866.00 $91.27 $15,173.00 $145.00 $250.00 $15,000.00 $18,298.00Ukiah Valley Fire District TOTAL DISTRIBUTION OF SALE PROCEEDS Water  General  Garage Sewer Page 82 of 550 Page 1 of 1 Agenda Item No: 7.d. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2020-425 AGENDA SUMMARY REPORT SUBJECT: Notification of Publishing Services Agreement by Ukiah Daily Journal for Fiscal Year 2021/2022, in the Amount of $6.25 per Column Inch for the First Insertion and $4.26 per Column Inch for Each Subsequent Insertion of the Same Advertisement. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Consent Calendar ATTACHMENTS: 1. Legal contract-City of Ukiah eff 2021-2022 Summary: Council is given the notification of the 2021/2022 legal publishing service rates from the Ukiah Daily Journal. Background: As the Ukiah Daily Journal is the only newspaper that qualifies for the designation as “a newspaper having general circulation” in Ukiah, a formal process requesting bids for legal publishing services was not used. Discussion: The Ukiah Daily Journal submitted a letter outlining its proposed 2021/2022 fiscal year contract rates for legal advertising with the City of Ukiah (Attachment #1). There is no increase from the 2020/2021 rates. The proposal is $6.25 for the first run, and $4.26 per column inch for additional insertions, remaining the same as the last nine years. Upon approval by the City Council, Staff will issue a Purchase Order to the Ukiah Daily Journal for legal advertising costs. Recommended Action: Receive and approve notification/agreement of the legal publishing services of Ukiah Daily Journal for fiscal year 2021/2022, in the amount of $6.25 per column inch for the first issue and $4.26 per column inch for additional issues. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: $5,000 PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: City Clerk Legal Services PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: UDJ Page 83 of 550 June 9, 2021 Kristine Lawler City of Ukiah 463-6213 Ukiah, California 95482 Dear Kristine Lawler, This letter serves as our proposed rate structure between the Ukiah Daily Journal and the City of Ukiah for legal advertising for the period of July 1, 2021 to June 30, 2022. The Legal Advertising rates for the City of Ukiah will remain the same, as the past several years, at $6.25 per column inch for the first insertion and $4.26 per column inch for each subsequent insertion of the same advertisement. In addition to the following guidelines, all contract terms, conditions and general information specified on The Ukiah Daily Journal’s current rate card (available online) apply to this agreement between The Ukiah Daily Journal and the City of Ukiah: Errors and omissions: The Ukiah Daily Journal is liable only for the cost of the space containing an error and is not responsible for costs associated with omissions. Legal ads received and published after established deadlines will not be eligible for credit or a re-run in case of error. During future PG&E power shutdown events; or shelter-in-place orders that impact either Lake County or Mendocino county, legal ad deadlines will be a week in advance. Copy Acceptance: copy for legal ads will be accepted from printed copy, via email (as a text attachment only), on a CD (in text format only), and via fax. Proofs will be made available for copy received before deadline upon request. Second requests for tear sheets after 30 days from publication are to be provided by electronic means (adobe PDF format). These will incur an additional charge of $5 per request. Requests for ads to run after published deadline will be considered as space and time allows, with no guarantee of publication. Cancellations: Ads canceled after published deadlines will incur a 25% cancellation penalty, if indeed we have not printed said ad, in those cases the charges will stand. Advertiser must notify The Ukiah Daily Journal within 30 days of receipt of bill of any discrepancies. The bill will be due in full 15 days upon receipt. Finance charges will not be waived for amounts due over 60 days. Any previous contracted terms expire 30 days after the date of this notice. Thank you, Kevin McConnell Publisher The Ukiah Daily Journal Mendocino County’s Local newspaper The Ukiah Daily Journal 617 S. State St. Ukiah, CA. 95482 ATTACHMENT 1 Page 84 of 550 Page 1 of 2 Agenda Item No: 7.e. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2021-923 AGENDA SUMMARY REPORT SUBJECT: Approve a Four (4) Year Cooperative Agreement with the California Department of Forestry and Fire Protection for Fire and Emergency Medical Dispatching Services, for an Amount not to Exceed $356,303.00 per Year. DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Consent Calendar ATTACHMENTS: 1. CAL Fire Dispatch 7-21 to 6-25 Summary: The City Council will consider approving a four (4) year Cooperative Agreement with the California Department of Forestry and Fire Protection (CAL Fire) for fire and emergency medical dispatching, in an amount not to exceed $356,303.00 per year, and authorize the City Manager to sign. Background: Since 2012, CAL Fire has provided fire and emergency medical dispatching to the City of Ukiah under a Cooperative Agreement. Discussion: Our current Cooperative Agreement with CAL Fire expires on June 30, 2021. This was a one (1) year extension of the previous two (2) year agreement. We had hoped during the one (1) year extension that we would be able to engage with our counterparts at the County of Mendocino to propose a single Cooperative Agreement that would cover both the County and the City. Unfortunately due to COVID-19 and the necessity of focusing on response efforts to the pandemic, we were unable to do so. CAL Fire would like to propose a four (4) year agreement, Attachment 1, to allow them better workforce planning and management. They have proposed the same term for the County of Mendocino's agreement which also expires on June 30th. This timeframe will better allow for us to engage with both the County and CAL Fire on consolidating the agreements into one. The proposed maximum amount per year represents 4.3% increase in costs over our current agreement. It should be noted that while we budget for the maximum cost, we are only billed actual costs, and our long history with them has shown our actual costs to be less than the maximum. The budget proposed for FYE 22 is $230,748 which is consistent with past annual costs. These services will continue to be re-budgeted for each fiscal year. Recommended Action: Approve a four (4) year cooperative agreement with the California Department of Forestry and Fire Protection (CAL Fire) for fire and emergency medical dispatching services, in an amount not to exceed $356,303.00 per year, and authorize the City Manager to sign. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: Proposed for FYE 22: 10521210.52100: $230,748 PROPOSED BUDGET AMOUNT: N/A Page 85 of 550 Page 2 of 2 FINANCING SOURCE: General Fund PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Doug Hutchison- Fire Chief Page 86 of 550 Page 87 of 550 Page 88 of 550 Page 89 of 550 Page 90 of 550 Page 91 of 550 Page 92 of 550 Page 93 of 550 Page 94 of 550 Page 95 of 550 Page 96 of 550 Page 97 of 550 Page 98 of 550 Page 99 of 550 Page 100 of 550 Page 101 of 550 Page 102 of 550 Page 103 of 550 Page 104 of 550 Page 105 of 550 Page 106 of 550 Page 107 of 550 Page 108 of 550 Page 1 of 1 Agenda Item No: 7.f. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2021-924 AGENDA SUMMARY REPORT SUBJECT: Approval of Inter-Fund Loan and Corresponding Budget Amendment for the Street and Tree Lighting Portion of the Streetscape Project. DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Consent Calendar ATTACHMENTS: 1. Change Order Summary: Council will consider approving an inter-fund loan and corresponding budget amendment for the street and tree lighting portion of the Streetscape Project. Background: Public Works executed Change Order #4 (Attachment 1) in the amount of $392,130.98 for the Streetscape Project with Ghilotti Construction, to revise the contract to include the installation of a street and tree lighting system. The tree lighting was part of the conceptual plans and part of the landscape architects vision. However, the final construction plans had to be amended several times to fit into the approvable format for the grants that are managed by Cal Trans. In the plan iterations, the tree lighting was inadvertently removed. The Council action is intended to restore the project to the original design. Discussion: Electric Utility, Public Works, and the City Manager's Office have coordinated the lighting portion of the project and its funding, and have identified Fund 805, Street Lighting, as the most appropriate fund. Current and future revenues, as needed, will be applied to pay for the lighting system. In the meantime, an inter-fund loan is recommended from Fund 800 to assist in the immediate funding of this portion of the project. Recommended Action: Approve setting up an inter-fund loan and corresponding budget amendment for the Street and Tree Lighting portion of the Streetscape project. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 80526610.80230.18019: $0 PROPOSED BUDGET AMOUNT: 80526610.80230.18019: $392,130.98 FINANCING SOURCE: Fund 800 and 805 PREVIOUS CONTRACT/PURCHASE ORDER NO.: 1920-216 COORDINATED WITH: Dan Buffalo, Finance Director; Mel Grandi, Electric Utility Director; Tim Eriksen, Public Works Director Page 109 of 550 ATTACHMENT 1 Page 110 of 550 Page 111 of 550 Page 112 of 550 Page 113 of 550 Page 114 of 550 Page 115 of 550 Page 116 of 550 Page 117 of 550 Page 118 of 550 Page 119 of 550 Page 120 of 550 Page 121 of 550 Page 1 of 1 Agenda Item No: 7.g. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2021-925 AGENDA SUMMARY REPORT SUBJECT: Authorize City Manager to Enter Agreement with Redwood Valley Calpella Fire District for the Sale and Placement of a 60' Pole from the Electric Utility. DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Consent Calendar ATTACHMENTS: 1. UTILITY POLE SALE AND PURCHASE AGREEMENT Summary: Council will consider authorizing the City Manager to approve the agreement for the mutual aid sale and placement of a 60' pole from the Electric Utility to the Redwood Valley Calpella Fire District. Background: Redwood Valley Capella Fire District has requested assistance with providing and installing a 60' class 1 wood utility pole. The pole will be used to mount a new emergency alert siren, replacing an older, smaller alert system. The Redwood Valley Calpella Fire District was encountering problems obtaining and installing the necessary pole prior to fire season. With the City's assistance, the Fire District will be able to move ahead in making the alert system operational this season. Discussion: The Electric Utility uses various sizes of poles throughout the electric system The City has additional poles available for system improvements. The Electric Utility team is proud to assist the Redwood Valley community where many City employees and friends reside. Furthermore, an early warning system improves fire resiliency for the entire Ukiah Valley including City of Ukiah infrastructure. Staff worked with the City Attorney to draft a sales agreement (Attachment 1), if approved, it will be executed with Redwood Valley Calpella Fire District to sell and set the pole to Fire Authority standards for a fee of $1,400.00. This amount covers the cost of the pole. Recommended Action: Authorize City Manager to enter into an agreement with Redwood Valley Calpella Fire District for the sale and placement of a 60' pole from the Electric Utility. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Sage, Sangiacomo, City Manager; Mel Grandi, Electric Utility Director Page 122 of 550 1 UTILITY POLE SALE AND PURCHASE AGREEMENT This agreement is made and entered on ________, 2021 (“Effective Date”) in Ukiah, California between the City of Ukiah (“City”), a general law municipal corporation, and the Redwood Valley Calpella Fire District (“District”), a California fire district formed under and in compliance with the Fire Protection District Law of 1987 (Health and Safety Code Sections 13800 et seq.). District and City may be referred to herein as “parties,” or individually as a “party.” RECITALS: 1. District requires a wooden utility pole upon which to mount a public notification system at its fire station (the “Station”) located at 8481 East Road, Redwood Valley, California, 95470. 2. City’s electric utility has a utility pole of the type used to mount electrical transformers and electrical distribution wires used in the City’s electrical distribution system. The pole is a sixty-foot long Class 1 treated wood pole (“the Pole”). 3. District has been informed that the Pole has been stored outside for a number of years and would be installed using guy wires, if used in the City’s electrical distribution system. 4. District has inspected the Pole and determined that it is suitable for the use intended by District. 5. Except as noted in Recital No. 3, above, the City has made no representations concerning the condition of the pole or its suitability for the District’s intended use. The District has not relied on the City in deciding to use and install the Pole. 6. The City has agreed to sell the Pole to the District for its book value which is $1,400.00 as shown on the City’s inventory. AGREEMENT: Based on the foregoing recitals which are incorporated into and made a part of this Agreement and the terms and conditions as stated below, the parties hereby agree as follows. 1. Sale of Pole. City hereby sells the Pole to District and District purchases the Pole from City. 2. Price. Prior to the installation of the Pole, District shall pay City $1,400.00 as the full and complete price for the Pole and its delivery to and installation at the Station by the City. 3. Delivery and Installation. City shall deliver the Pole to the Station and dig a hole for installing it as directed by District. District shall determine the depth of the hole. The City shall place the Pole in the hole and replace and compact dirt in the hole to secure the Pole. At District’s direction, the City will not use guy wires to secure the Pole. District accepts the Pole in its AS-IS, WHERE IS condition. The City makes no representation or warranty concerning the condition or suitability of the Pole for the District’s intended use or its installation and the District waives and releases the City, and its officers, agents and employees, from any liability arising from the District’s acceptance and use of the Pole. 4. Waiver of Warranties. DISTRICT HEREBY DISCLAIMS ALL WARRANTIES OF ANY SORT, EXPRESS OR IMPLIED, EXCEPT THAT OF TITLE, AND DISTRICT HEREBY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, COURSE OF DEALING, USAGE OF TRADE AND FITNESS Attachment 1 Page 123 of 550 2 FOR A PARTICULAR PURPOSE, NOTWITHSTANDING ANY PURPORTED TERMS AND CONDITIONS CONTAINED IN ANY DOCUMENT PREPARED BY DISTRICT IN CONNECTION WITH THIS SALE. CITY SHALL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFITS. 5. Indemnification and Insurance. District agrees to indemnify the City for and defend the City against any claim for damages or other payment of money by District or any third party arising from the installation by City and use of the Pole by the District, including all costs of defending the City against the claim, such as, but not limited to, the fees of attorneys, experts, consultants, investigators or expert witnesses and all other litigation costs and expenses and paying any settlement or judgment. This indemnification of City includes its officers, agents, and employees. Under any public liability insurance policy covering claims against the District, the District shall have City named as an additional insured with the same right to and scope of coverage under the policy as it provides to District. 6. Integration. This agreement contains the entire agreement between the City and the District concerning the sale and installation of the Pole and supersedes and replaces any prior agreement, statement, or representation by either party. This agreement may be amended only by a signed written agreement approved in the manner required by law by the City and the District. 7. Notice. Any notice or other communication permitted or required by this Agreement shall be in writing and deemed given and received, when received, if delivered by overnight currier or email or 48 hours after deposit in the United States mail with proper first-class postage affixed thereto, when addressed as follows: DISTRICT CITY Redwood Valley Calpella Fire District Attention: City Manager P.O. Box 385 Ukiah Civic Center 8481 East Road 300 Seminary Ave. Redwood Valley, CA, 95470 Ukiah, CA 95482 Email: clerk-rvcfd@comcast.net Email: ssangiacomo@cityofukiah.com WHEREFORE, this Agreement is made and entered on the Effective Date. Redwood Valley Calpella Fire District City of Ukiah By: _____________________ By: _________________________ Sage Sangiacomo, City Manager Its: _____________________ ATTEST: ___________________ Kristine Lawler, City Clerk Page 124 of 550 Page 1 of 2 Agenda Item No: 7.h. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2021-930 AGENDA SUMMARY REPORT SUBJECT: Authorize the City Manager to Execute All Agreements Necessary to Accept the Distribution of the U.S. Department of the Treasury American Rescue Plan Act of 2021 Coronavirus Local Fiscal Recovery Funds. DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Consent Calendar ATTACHMENTS: 1. ARP Required Forms 2. SLFRPFAQ as of 6-10-21 Summary: Council will consider authorizing the City Manager to execute all agreements necessary to accept the distribution of the U.S. Department of the Treasury American Rescue Plan Act of 2021 Coronavirus Local Fiscal Recovery funds. Background: The American Rescue Plan Act of 2021 (ARPA) appropriates $19.53 billion to States for distribution to tens of thousands of "non-entitlement units of local government" (NEUs). An NEU is defined as local governments with populations of less than 50,000, of which the City of Ukiah is one. The funding was established to help states and localities address the economic and health consequences of the pandemic. Funding is subject to the requirements specified in the Interim Final Rule published by the U.S. Treasury in the Code of Federal Regulations on May 17, 2021. Discussion: A State is required to allocate and distribute the Local Fiscal Recovery Fund payment received from Treasury to each NEU in the State an amount that bears the same proportion to the amount of such payment as the population of the NEU bears to the total population of all the NEUs in the State. Based on this formula, it is anticipated that the City will receive up to $3,826,344. Treasury will make payments to States from the Local Fiscal Recovery fund for distribution to NEUs in two tranches, with the Second Tranche payment to be made no earlier than 12 months after the date on which the First Tranche payment is paid to the State. In order for the State to distribute the funds, they are required to establish a process for NEUs to submit requests for the payments. On June 9, 2021, the State of California activated an online portal for NEUs to submit the necessary paperwork to request the funds, with a deadline to submit of June 23, 2021. Staff is requesting Council to authorize the City Manager to execute the necessary documents in order to accept the funds. Please see Attachment 1 for a copy of the required forms. Specific eligible uses for the funding per the Treasury's Interim Final Rule are still being evaluated. Please see Attachment 2 for the most recent version of frequently asked questions regarding the Coronavirus State and Local Fiscal Recovery Funds. The Treasury is seeking comment on all aspects of the Interim Final Rule, and further guidance for eligible uses are anticipated to be released in August. It important to note, the City of Ukiah has incurred considerable costs in response to the COVID-19 pandemic Page 125 of 550 Page 2 of 2 and these funds are vitally important to offsetting expenses already incurred. Recommended Action: Authorize the City Manager to execute all agreements necessary to accept the distribution of the U.S. Department of the Treasury American Rescue Plan Act of 2021 Coronavirus Local Fiscal Recovery funds. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Dan Buffalo, Director of Finance Page 126 of 550 __________________________________________________ __________________________________________________ OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Recipient name and address:DUNS Number: Taxpayer Identification Number: Assistance Listing Number: 21.027 Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto. Recipient: Authorized Representative: Title: Date signed: U.S.Department of the Treasury: Authorized Representative: Title: Date: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. ATTACHMENT 1 Page 127 of 550 1. 2 . 3. 4. 5 . 6. 7. 8. U.S.DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 2 Page 128 of 550 9. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; 3 Page 129 of 550 10 . _____ _ 11. ___ _ 12. _____ _ 13. ___ _ 14. ------------ ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. Remedial Actions. In the event of Recipient’s noncompliance with section 603 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.” Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by 4 Page 130 of 550 15. ___ _ 16. ---------- 17. --------------- 18. ------------- Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 5 Page 131 of 550 CERTIFICATION OF CORONAVIRUS LOCAL FISCAL RECOVERY FUND ALLOCATION ACCEPATANCE (42 U.S.C. section 603) I, , am the chief executive or authorized designee of , and I certify that: 1. 2. 3. 4. 5. 6. Check one: In my role as an authorized representative, I am accepting the allocation from the Coronavirus Local Fiscal Recovery Fund. In my role as an authorized representative, I am declining the [Insert city or town name here] allocation from the Coronavirus Local Fiscal Recovery Fund, and authorize this allocation to be transferred to the State of California. An additional U.S. Treasury form will likely be required and subsequent information may be requested. If you are accepting funds, proceed to questions 2 through 5. If you are declining funds, skip to question 6 and sign and submit the form. I have the authority on behalf of to report the following information: Entity’s Taxpayer Identification Number DUNS number Address Total budget or top-line expenditure total as of January 27, 2020 I certify that my city or town is in compliance with 2 CFR Part 180 and that I have the authority on behalf of to submit the following U.S. Treasury documents: Award Terms and Conditions agreement Assurances of Compliance with Title VI of the Civil Rights Act of 1964 Authorized Representative Signature: ____________________________________ Date: ______________________ Name (Print): ____________________________________ Title: ________________________ I certify that the total budget amount provided is supported by an approved budget document, as of January 27, 2020. If my city or town does not have an approved budget, I certify that the total annual expenditure amount provided is supported by accounting documents. I agree to retain copies of financial records and supporting documentation for five years after all funds have been expended and the documents in item 3 of this certification and submit them to U.S. Treasury as required, no later than October 31, 2021 I agree to submit a project and expenditures report annually to U.S. Treasury. I understand the State will rely on this certification as a material representation in distributing Coronavirus Local Fiscal Recovery Relief Funds to . Page 132 of 550 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. 1 Page 133 of 550 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees: The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other 2 Page 134 of 550 _________________________________ _________________________________ OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub- recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date Signature of Authorized Official PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. 3 Page 135 of 550 ATTACHMENT 2 Page 136 of 550 Page 137 of 550 Page 138 of 550 Page 139 of 550 Page 140 of 550 Page 141 of 550 Page 142 of 550 Page 143 of 550 Page 144 of 550 Page 145 of 550 Page 146 of 550 Page 147 of 550 Page 148 of 550 Page 149 of 550 Page 150 of 550 Page 151 of 550 Page 152 of 550 Page 153 of 550 Page 154 of 550 Page 155 of 550 Page 156 of 550 Page 157 of 550 Page 158 of 550 Page 159 of 550 Page 160 of 550 Page 1 of 3 Agenda Item No: 11.a. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2021-920 AGENDA SUMMARY REPORT SUBJECT: Consideration and Possible Introduction of an Ordinance by Title Only to Add Section 9004 to Division 9, Chapter 2, Article 1 to Require Compliance with the 2020 Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP). DEPARTMENT: Community Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, Community Development Director ATTACHMENTS: 1. UKI ALUCP - ADOPTED May 20, 2021 - COMPLETE PRINT FILE 2. ALUC Revised ISND 3. UKI ALUCP Compatibility Map 4. Draft Ordinance- UKIALUCP Summary: Council will consider introducing an ordinance requiring compliance with the 2020 Ukiah Municipal Airport Land Use Compatibility Plan (ALUCP). Background: The basic function of airport land use compatibility plans is to promote compatibility between airports and surrounding land uses. Airport Land Use Commissions ("ALUCs") are appointed with authority under the State Aeronautics Act to adopt airport land use compatibility plans and carry out land use project review responsibilities. The Mendocino County Airport Land Use Commission was formed in 1993 and on October 21, 1993, adopted the Mendocino County Airport Comprehensive Land Use Plan ("MCACLUP"). The MCACLUP was revised on June 6, 1996, to include the Ukiah Municipal Airport ("UKI"). Since June 6, 1996, the MCACLUP has been the airport land use compatibility plan for UKI and the City of Ukiah. Over the course of the last 25 years, however, airport environs have changed due to continued development within the areas of the City, airport operations and the airport layout, and new and updated regulations within the State Aeronautics Act as summarized in the 2011 California Division of Aeronautics Airport Land Use Planning Handbook ("Handbook"). The Handbook provides guidance on the formation and operation of ALUCs, the preparation of compatibility plans, procedures for review of local actions, and the responsibilities of local agencies. To update standards to those of the 2011 Handbook, as well as protect the viability of existing and future airport operations by aligning the compatibility zones and criteria with current standards, in June 2018 the City Council directed Staff to work with Mendocino County Planning and Building Services staff and the Mendocino County ALUC to develop a complete, stand-alone airport land use compatibility plan for UKI. The planning effort to develop the Ukiah Municipal Airport Land Use Compatibility Plan ("UKIALUCP) was initiated in February 2019 with support from the County of Mendocino and Mendocino County ALUC. A draft of the UKIALUCP was completed on January 31, 2020, but public review was delayed until July 2020 due to the COVID-19 pandemic. An Initial Study and Negative Declaration examining environmental impacts under CEQA was prepared and circulated on July 21, 2020, together with the Public Review draft 2020 UKIALUCP. Subsequently, revisions were made to the Public Review draft in response to the November 2020 ALUC direction regarding accommodation of the CalFire Lockheed C-130 fire attack aircraft. The primary change Page 161 of 550 Page 2 of 3 was to add a Compatibility Zone 1* beyond Zone 1 at each end of the runway to protect for the possible future runway extension. The environmental impacts of the addition of the Zone 1*s were examined and found to be the same or less than existed under the 1996 MCACLUP. The Final UKIALUCP (Attachment 1) was adopted by the Mendocino County ALUC on May 20, 2021. The associated CEQA Negative Declaration (Attachment 2) was also approved by the ALUC at this meeting. This ALUC-adopted UKIALUCP replaces the earlier 1996 MCACLUP for Ukiah Municipal Airport. Discussion: As of May 20, 2021, the UKIALUCP is the airport compatibility plan for Ukiah Municipal Airport and the Other Airport Environs airport influence area (see Map in Attachment 3). To implement the UKIALUCP within Ukiah city limits, "state law requires each local agency having jurisdiction over land uses within an ALUC's planning area to modify its general and any affected specific plans to be consistent with the compatibility plan." (UKIALUCP, page 17). This can be accomplished in primarily four different ways. One of the ways indicated within the UKIALUCP is to "adopt a General Plan Airport Element." Another way is to "adopt Compatibility Plan as Stand-Alone Document," which is further described in Appendix F of the UKIALUCP. A third way is to "incorporate policies into existing general plan elements," and a fourth way is to "adopt airport combining district or overlay zoning ordinance." As the City is presently in the process of updating its General Plan (2040 General Plan), Staff intends to facilitate a revised Airport Element in conjunction with this undertaking. Therefore, Staff recommends adoption of the UKIALUCP as a stand-alone document through introduction of an Ordinance (Attachment 4). This interim measure will ensure immediate implementation of the UKIALUCP for areas under the City's jurisdiction. It will also allow for a more appropriate and efficient utilization of Staff resources as the 2040 General Plan is developed. Additionally, this recommended process will allow for enhanced internal consistency of General Plan components. For example, compatibility criteria and associated maps and procedural policies of the UKIALUCP can be more effectively integrated into the Land Use Element if developed holistically. By incorporating runway protection criteria, the ALUC ensured that the UKIALUCP will be fundamental to updating the Airport Element, especially with regard to on-airport development and operational purposes. Staff recommends Council introduce the Ordinance in Attachment 4 by title only adding Section 9004 to Division 9, Chapter 2, Article 1 of Ukiah City Code to require compliance with the Ukiah Municipal Airport Land Use Compatibility Plan. Recommended Action: Introduce the Ordinance by title only to add Section 9004 to Division 9, Chapter 2, Article 1 to require compliance with the Ukiah Municipal Airport Land Use Compatibility Plan. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: David Rapport, City Attorney; Darcy Vaughn, Assistant City Attorney; Mireya Turner, Planning Manager; Jesse Davis, Planning Manager Page 162 of 550 Page 3 of 3 Page 163 of 550 MENDOCINO COUNTY AIRPORT LAND USE COMMISSION Attachment 1 Page 164 of 550 Page 165 of 550 MENDOCINO COUNTY AIRPORT LAND USE COMMISSION Adopted May 20, 2021 PREPARED BY: Mead & Hunt, Inc. 1360 19th Hole Drive, Suite 200 Windsor, CA 95492 www.meadhunt.com Maranda Thompson, Project Manager * Kenneth Brody, Senior Airport Planner * Cheyenne Engelstad, Planning Technician* Corbett Smith, Planner * Todd Eroh, Senior Designer Krista Robertson, Project Editor MENDOCINO COUNTY AIRPORT LAND USE COMMISSIONERS (ALUC) Eric Crane, Chairman (Member at Large) * Randy Beckler, Vice Chairman (City Select) * Donovan Albright, Commissioner (City Select) Randy Jacobszoon, Planning Commission Representative Greg Nelson, Planning Commission Representative * Leonard Swithenbank, Commissioner (City Select) Diana Wiedemann, Planning Commission Representative City of Ukiah CITY OF UKIAH Craig Schlatter, Community Development Director * Jesse Davis, Planning Manager Greg Owen, Airport Manager * COUNTY OF MENDOCINO Brent Schultz, Planning and Building Services Director (Former)* Ignacio “Nash” Gonzalez, Interim Director Julia Acker Krog, Assistant Director * Keith Gronendyke, Planner III Vandy Vandewater, Planner II * Amber Munoz, County DOT Liaison * Adrienne Thompson, Administrative Assistant * * TECHNICAL ADVISORY GROUP A special thank you is extended to the Technical Advisory Group members for their time and contribution to the preparation of this Ukiah Municipal Airport Land Use Compatibility Plan. Page 166 of 550 Page 167 of 550 Table of Contents Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) i–1 Chapter 1 - Introduction Airport Land Use Compatibility Planning ................................................................................................... 1-1 Function and Applicability of the Plan .............................................................................................. 1-1 Statutory Requirements .................................................................................................................... 1-2 Mendocino County Airport Land Use Commission .......................................................................... 1-3 Relationship of the ALUC to County and City Governments ........................................................... 1-4 Plan Preparation and Review..................................................................................................................... 1-4 State Guidelines ............................................................................................................................... 1-4 Relationship to Airport Master Plan .................................................................................................. 1-5 Ukiah Municipal Airport Plans .......................................................................................................... 1-5 Compatibility Planning for Ukiah Municipal Airport .......................................................................... 1-6 Plan Implementation .................................................................................................................................. 1-7 General Plan Consistency ................................................................................................................ 1-7 Overrule Process .............................................................................................................................. 1-8 Project Referrals ............................................................................................................................... 1-9 Plan Contents ............................................................................................................................................. 1-9 Chapter 2 – Procedural Policies General Applicability ......................................................................................................................... 2-1 1.1. Purpose and Use ....................................................................................................................... 2-1 1.2. Definitions ................................................................................................................................... 2-3 1.3. Scope of ALUC Concerns .......................................................................................................... 2-7 1.4. Types of Actions Subject to ALUC Review ................................................................................ 2-8 1.5. Limitations of the ALUC and UKIALUCP ................................................................................. 2-11 ALUC Review Process ................................................................................................................... 2-13 2.1. General ..................................................................................................................................... 2-13 2.2. Review Process for General Plans, Specific Plans, Zoning Ordinances, and Building Regulations .............................................................................................................................. 2-14 2.3. Review Process for Major Land Use Actions ........................................................................... 2-16 2.4. Review Process for Airport Development Actions ................................................................... 2-19 2.5. Process for Overruling the ALUC ............................................................................................. 2-21 Page 168 of 550 TABLE OF CONTENTS i–2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Chapter 3 – Compatibility Policies Compatibility Criteria for Land Use Actions ...................................................................................... 3-1 3.1. Evaluating General Plans, Specific Plans, Zoning Ordinances, and Building Regulations ....... 3-1 3.2. Evaluating Proposed Land Use Projects ................................................................................... 3-2 3.3. Criteria for Special Circumstances ............................................................................................. 3-6 3.4. Noise Compatibility Policies ..................................................................................................... 3-11 3.5. Safety Compatibility Policies .................................................................................................... 3-13 3.6. Airspace Protection Compatibility Policies ............................................................................... 3-20 3.7. Overflight Compatibility Policies ............................................................................................... 3-25 3.8. Exceptions to Land Use Criteria............................................................................................... 3-27 3.9. Review Criteria for Ukiah Municipal Airport Development Actions .......................................... 3-28 Tables 3A Basic Compatibility Criteria ...................................................................................................... 3-30 3B Compatibility Zone Delineation ................................................................................................ 3-41 Maps* 3A Compatibility Policy Map ....................................................................................................... ff 3-42 3B Airspace Protection Zones .................................................................................................... ff 3-42 *ff – Front facing, maps follow noted page number Chapter 4 – Background Data Introduction................................................................................................................................................. 4-1 Exhibits 4-1 Airport Features Summary ..................................................................................................... 4-5 4-2 Ukiah Municipal Airport Layout Plan ................................................................................... ff 4-6 4-3 Airport Activity Data Summary................................................................................................ 4-7 4-4 Compatibility Factor: Noise .................................................................................................. ff 4-8 4-5 Compatibility Factor: Safety ................................................................................................. ff 4-8 4-6 Compatibility Factor: Overflight ........................................................................................... ff 4-8 4-7 Compatibility Factor: Airspace ............................................................................................. ff 4-8 4-8 Airport Environs Information ................................................................................................... 4-9 4-9 County of Mendocino General Plan Land Uses ................................................................ ff 4-10 4-10 City of Ukiah General Land Uses ...................................................................................... ff 4-10 Page 169 of 550 TABLE OF CONTENTS Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) i–3 Appendices A State Laws Related to Airport Land Use Planning B Code of Federal Regulations Part 77 C Airport Land Use Compatibility Concepts, Table C1, Figure C1 D Methods for Determining Concentrations of People E Project Referral Form F General Plan Consistency Checklist G Sample Implementation Documents H Glossary of Terms Attachments A ALUCP Adoption Resolution B ALUCP Notice of Determination Page 170 of 550 TABLE OF CONTENTS i–4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) This page left intentionally blank Page 171 of 550 MENDOCINO COUNTY AIRPORT LAND USE COMMISSION CHAPTER 1 INTRODUCTION Airport Land Use Compatibility Plan Page 172 of 550 Page 173 of 550 1 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 1–1 Introduction A IRPORT L AND U SE C OMPATIBILITY P LANNING This Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) replaces the compatibility plan for Ukiah Municipal Airport adopted by the Mendocino County Airport Land Use Commission (ALUC) in 1996 as part of the countywide Mendocino County Airport Comprehensive Land Use Plan (MCACLUP). The UKIALUCP is wholly self-contained and does not rely upon any policies or other content contained in the MCALUCP. The MCALUCP remains in effect for other airports in Mendocino County. Function and Applicability of the Plan The basic function of this UKIALUCP is to promote compatibility between the airport and surrounding land uses. As adopted by the ALUC, the plan serves as a tool for use by the Commission in fulfilling its duty to review certain airport and adjacent land use proposals. Additionally, the plan sets compatibility criteria applicable to local agencies in their preparation or amendment of land use plans and ordinances and to landowners in their design of new development. The Ukiah Municipal Airport is located in the southeastern portion of Mendocino County. The influence area for the Ukiah Municipal Airport, as defined herein, extends 2.7 miles from the airport’s runway. This influence area encompasses land within two local government jurisdictions: • County of Mendocino • City of Ukiah Additionally, any city, special district, community college district, or school district that exists or may be established or expanded into the Airport Influence Area defined by this UKIALUCP is also subject to the provisions of the plan. The authority of the ALUC does not extend to state, federal, or tribal lands. Details regarding the purpose, scope, and applicability of the UKIALUCP are set forth in the policy chapters that follow. Page 174 of 550 CHAPTER 1 INTRODUCTION 1–2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Statutory Requirements Powers and Duties Requirements for creation of Airport Land Use Commissions (ALUCs) were first established under the California State Aeronautics Act1 in 1967. Although the law has been amended numerous times since then, the fundamental purpose of ALUCs, to promote land use compatibility around airports, has remained unchanged. As expressed in the present statutes, this purpose is: “...to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.” The statutes give ALUCs two principal powers by which to accomplish this objective: 1. ALUCs must prepare and adopt an airport land use plan; and 2. ALUCs must review the plans, regulations, and other actions of local agencies and airport operators for consistency with that plan. Limitations The statutes also have two explicit limitations on the powers of ALUCs. Specifically, ALUCs have no authority over existing land uses2 or over the operation of airports.3 Neither of these terms is defined within the statutes, although the interpretation of their meaning is fairly standard throughout the state. • Existing Land Uses—The precise wording of the Aeronautics Act is that the authority of ALUCs extends only to land in the vicinity of airports that is “not already devoted to incompatible uses.” The working interpretation of this language is that ALUCs have no state-empowered authority over existing land uses. The question then becomes one of determining what conditions qualify a land use as existing. For airport land use planning purposes, a land use can generally be considered existing once the local agency has completed all discretionary actions on the project and only ministerial approvals remain. A vacant property thus can be considered “devoted to” a particular use, even if the activity has not begun, once local government commitments and substantial construction investments by the property owner make it infeasible for the property to be used for anything other than its proposed use. Local agency commitment to a proposal can usually be considered firm once a vesting tentative map, development agreement, certain discretionary permits, or other land use entitlement has been approved. 1 Public Utility Code Sections 21670 et seq. 2 Public Utilities Code Section 21674(a). 3 Public Utilities Code Section 21674(e). Page 175 of 550 INTRODUCTION CHAPTER 1 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 1–3 • Operation of Airports—Any actions pertaining to how and where aircraft operate on the ground or in the air around an airport are not within the jurisdiction of ALUC s to regulate. ALUC involvement with aircraft operations is limited to taking the operational characteristics into account in the development of land use compatibility plans. This limitation on the jurisdiction of ALUCs cannot, however, be taken to mean that they have no authority with respect to new development on airport property. For example, the law specifically requires ALUCs to review proposed airport master plans for consistency with the commission’s plans.4 ALUCs also are generally conceded to have authority to review proposals for nonaviation development on airport property. A third, less absolute, limitation concerns the types of land use actions that are subject to ALUC review. The law emphasizes local general plans as the primary mechanism for implementing the compatibility policies set forth in an ALUC’s plan. Thus, each land use jurisdiction affected by this UKIALUCP is required to make its general plan consistent with the ALUC plan (or to overrule the Commission). Once a local agency has taken this action to the satisfaction of the ALUC, the ALUC’s authority to review projects within that jurisdiction is narrowly limited. The only actions for which review remains mandatory are proposed adoption or amendment of general plans, specific plans, zoning ordinances, and building regulations (building codes) affecting land within an airport influence area. For an ALUC to review individual projects, the local agency must agree to submit them. Mendocino County Airport Land Use Commission State law provides two basic options regarding the structure of airport land use commissions: 1) a standard format, or 2) designation of an existing body to serve as the ALUC. Among California’s 58 counties, these two formats are used in roughly equal proportions. Membership on ALUCs structured in the standard manner is specified to be as follows: • Two members appointed by the county board of supervisors, • Two members appointed by a selection committee of mayors of the county’s cities, • Two members appointed by airport managers, and • A seventh member, representing the general public, appointed by the other six members. The designated body format has several possibilities. Most common is for a single- or multi-county council of governments, transportation planning agency, or similar entity to be designated as the ALUC. Other types of bodies that serve as ALUCs in some counties include the county planning commission, the county airport commission, or the county board of supervisors. The Mendocino County ALUC was formed in 1993. Its composition, a variation of the standard format, consists of seven members: three County Planning Commission members appointed by the Board of Supervisors, three members appointed by the city selection committee, and one member at large appointed by the other six commissioners. 4 Public Utilities Code Section 21676(c). Page 176 of 550 CHAPTER 1 INTRODUCTION 1–4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Relationship of the ALUC to County and City Governments The fundamental relationship between the ALUC and the governments of Mendocino County and the City of Ukiah is set by the State Aeronautics Act. Within the bounds defined by state law, the decisions of the ALUC are final and are independent of the Board of Supervisors or City Council. The ALUC does not need county or city approval in order to adopt this UKIALUCP or to carry out ALUC land use project review responsibilities. However, the ALUC must consult with the involved agencies regarding establishment of the airport influence area boundary.5 Another aspect of the relationship between the ALUC and county and city governments concerns implementation of the UKIALUCP. The ALUC has the sole authority to adopt this plan and to conduct compatibility reviews, but, as noted earlier, the authority and responsibility for implementing the compatibility policies rests with the local agencies. The California Government Code6 establishes that each county and city affected by an airport land use compatibility plan must make its general plan and any applicable specific plans consistent with the ALUC’s plan. Alternatively, local agencies can take the series of steps listed in the Public Utilities Code7 to overrule the ALUC. Actions that Mendocino County and the City of Ukiah can take to implement the UKIALUCP or overrule the ALUC are outlined later in this chapter. P LAN P REPARATION AND R EVIEW State Guidelines Although state law spells out the powers and duties of airport land use commissions and many of the procedural aspects of airport land use compatibility planning, it does not contain explicit compatibility guidelines. Rather, the law refers to another document, the Airport Land Use Planning Handbook (Handbook) published by the California Division of Aeronautics. Specifically, the statutes say that when preparing compatibility plans for individual airports, ALUCs shall “be guided by” the information contai ned in the Handbook. The Handbook deals with the formation and operation of ALUCs, the preparation of compatibility plans, procedures for review of local actions, and the responsibilities of local agencies. The Handbook also sets forth basic guidelines for land use compatibility criteria. This guidance is intended to serve as the starting point for compatibility planning around individual airports. The Handbook is not regulatory in nature and does not constitute formal state policy. The most recent edition of the Handbook was completed in October 2011 and is available for downloading from the Division of Aeronautics website: https://dot.ca.gov/- /media/dot-media/programs/aeronautics/documents/californiaairportlanduseplanninghandbook- a11y.pdf 5 Public Utilities Code Section 21675(c). 6 Government Code Section 65302.3. 7 Public Utilities Code Section 21676. Page 177 of 550 INTRODUCTION CHAPTER 1 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 1–5 An additional function of the Airport Land Use Planning Handbook is established elsewhere in California state law. The Public Resources Code creates a tie between the Handbook and California Environmental Quality Act (CEQA) documents. Specifically, Section 21096 requires that lead agencies must use the Handbook as “a technical resource” when assessing airport-related noise and safety impacts of projects located in the vicinity of airports. The policies and maps in this UKIALUCP take into account the guidance provided by the current edition of the Handbook, dated October 2011. This edition refined, clarified, and reorganized the content of the 2002 edition, but did not appreciably change the state guidance. Relationship to Airport Master Plan Airport land use compatibility plans are distinct from airport master plans in function and content. In simple terms, the issues addressed by airport master plans are primarily on-airport, whereas those of concern in a compatibility plan are off-airport. The purpose of airport master plans is to assess the demand for airport facilities and to guide the development necessa ry to meet those demands. An airport master plan is prepared for and adopted by the agency that owns and/or operates the airport. In contrast, the purpose of a compatibility plan is to assure that incompatible development does not occur on lands surrounding the airport. The responsibility for preparation and adoption of compatibility plans lies with each county’s airport land use commission. This distinction notwithstanding, the relationship between the two types of plans is close. Specifically, the Public Utilities Code8 requires that ALUC plans be based upon a long-range airport master plan adopted by the airport owner/proprietor. If such a plan does not exist for a particular airport, an airport layout plan may be used subject to approval by the California Division of Aeronautics.9 Furthermore, ALUC plans must reflect “the anticipated growth of the airport during at least the next 20 years.” The connection works in both directions, however. While a compatibility plan must be based upon an airport master plan, the Public Utilities Code10 also requires that any proposed modification to an airport master plan be submitted to the ALUC to determine if the proposal is consistent with the compatibility plan. Provided that the off-airport compatibility implications of the proposed modifications are adequately addressed in the master plan, the outcome of this process usually is that the compatibility plan will need to be updated to mirror the new master plan. Ukiah Municipal Airport Plans The responsibility for master planning of the Ukiah Municipal Airport rests with the airport’s proprietor, the City of Ukiah. The current master plan for the Ukiah Municipal Airport was adopted by the city in 1996. The Airport Layout Plan drawing was approved by the Federal Aviation Administration (FAA) in January 2016 and illustrates proposed alterations to the airfield system. The principal development proposal shown on the Airport Layout Plan is extending the Runway 15 end 465 feet north. In November 2020, the Ukiah City Council unanimously approved a recommendation to the ALUC that the UKIALUCP protect for a future 5,000-foot runway to accommodate operations by CalFire Lockheed 8 Public Utilities Code Section 21675(a). 9 In May 2019, Caltrans approved the January 2016 Airport Layout Plan for use as the aeronautical basis for this UKIALUCP. 10 Public Utilities Code Section 21676(c). Page 178 of 550 CHAPTER 1 INTRODUCTION 1–6 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) C-130 fire attack aircraft. Although this runway length is not specifically depicted in th e 2016 Airport Layout Plan drawing, features including avigation easement acquisition that are shown on the drawing support this option. At its meeting on November 19, 2020, the Mendocino County ALUC directed ALUC staff and Mead & Hunt to revise the draft UKIALUCP as recommended by the Ukiah City Council. The city’s recommendation and ALUC direction are reflected in the compatibility map and criteria contained in Chapter 3 of this UKIALUCP. With respect to aircraft activity projections, a 20-year activity forecast of 30,916 annual operations was developed for the purposes of this UKIALUCP. This forecast is double the current (2019) activity level of 15,458 annual operations and is representative of the airport’s current condition and potential growth. In accordance with state law, the features of the Ukiah Municipal Airport development proposals having implications for off-airport land use have been taken into account in the preparation of this UKIALUCP. In particular, the role of the airport and the planned long-term development of the runway system as identified in the Airport Layout Plan were major inputs to the compatibility policies set forth herein. Compatibility Planning for Ukiah Municipal Airport The Mendocino County Airport Land Use Commission adopted the original countywide compatibility plan—entitled Mendocino County Airport Comprehensive Land Use Plan (MCACLUP)—on October 21, 1993; the plan was revised June 6, 1996, to include the Ukiah Municipal Airport. The 1996 plan was based upon the development proposals provided in the 1996 Ukiah Municipal Airport Master Plan, a plan which no longer fully reflects the city’s planning for the airport. The MCACLUP also predates the latest guidance provided by Caltrans in the 2011 Handbook. Consequently, for both of these reasons, the MCACLUP is outdated. The planning effort to prepare an updated compatibility plan for the Ukiah Municipal Airport was initiated by the City of Ukiah with support from the County of Mendocino and the Mendocino County Airport Land Use Commission. As part of the planning process, a Technical Advisory Group was established specifically for the project. The group’s membership consisted of County and City Planning staff members, the Ukiah Municipal Airport Manager, a County Department of Transportation representative, and representatives of the ALUC. The Technical Advisory Group assisted with providing airport and land use data, reviewing discussion papers and draft materials, and provided comments for consideration in the draft UKIALUCP. An Initial Study of environmental impacts has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA). Issues addressed include those identified in the 2007 California Supreme Court decision in Muzzy Ranch Company v. Solano Airport Land Use Commission. These issues include assessment of the potential future displacement of residential and nonresidential land use development as a result of implementation of this UKIALUCP. A copy of the Initial Study and associated Negative Declaration was circulated for public review and comment on July 21, 2020 together with a Public Review draft of this UKIALUCP. Subsequently, revisions were made to the Public Review Draft in response to the November 2020 ALUC direction regarding accommodation of the CalFire Lockheed C-130 fire attack aircraft. The primary change was to add a Compatibility Zone 1* beyond Zone 1 at each end of the runway. These text and map revisions, together with various minor wording clarifications, were documented in Addendum #1, dated January 14, 2021. The environmental impacts of the addition of the Zone 1*s, the potential for displacement in particular, were examined and found to be the same or less than existed under the 1996 MCALUCP and less than significant in terms of CEQA. Page 179 of 550 INTRODUCTION CHAPTER 1 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 1–7 This supplemental analysis was included in the revised Initial Study and Negative Declaration (January 2021) which were made public but not formally recirculated consistent with Title 14, California Code of Regulation, Section 15073.5(C)(2). The Final Draft UKIALUCP, including the revisions listed in Addendum #1, was adopted by the ALUC on May 20, 2021. The associated Negative Declaration was also approved by the ALUC at that time. This adopted UKIALUCP document contains the Addendum #1 revisions and replaces the earlier Mendocino County Airport Comprehensive Land Use Plan (MCACLUP) addressing the Ukiah Municipal Airport (adopted 1993, revised 1996) P LAN I MPLEMENTATION General Plan Consistency As noted above, state law requires each local agency having jurisdiction over land uses within an ALUC’s planning area to modify its general plan and any affected specific plans to be consistent with the compatibility plan. The law says that the local agency must take this action within 180 days of when the ALUC adopts or amends its plan. The only other course of action available to local agencies is to overrule the ALUC by a two-thirds vote11 after first holding a public hearing and making findings that the agency’s plans are consistent with the intent of state airport land use planning statutes. A general plan does not need to be identical with the ALUC plan in order to be consistent with it. To meet the consistency test, a general plan must do two things: • It must specifically address compatibility planning issues, either directly or through reference to a zoning ordinance or other policy document; and • It must avoid direct conflicts with compatibility planning criteria. Many community general plans pay little attention to the noise and safety factors associated with air port land use compatibility. Also, some of the designated land uses of property near an airport frequently are contrary to good compatibility planning. It is anticipated that each of the land use jurisdictions affected by this UKIALUCP will need to make some modification to its general plan and/or other land use policy documents in order to meet the plan consistency requirements. (Note: An initial assessment of the consistency between the current local general plans and the policies set forth in this UKIALCUP is contained in Appendix E). Compatibility planning issues can be reflected in a general plan in several ways: Incorporate Policies into Existing General Plan Elements—One method of achieving the necessary planning consistency is to modify existing general plan elements. For example, airport land use noise policies could be inserted into the noise element, safety policies could be placed into a safety element, and the primary compatibility criteria and associated maps plus the procedural policies might fit into the land use element. 11 “A two-thirds vote of the entire membership of a city council is not required to override an adverse det ermination made by an airport land use commission concerning the city's proposed amendment of its general plan; a two -thirds vote of the members constituting a quorum is sufficient to override the determination.” California Attorney General Opinion 91-502; published March 18, 1992. Page 180 of 550 CHAPTER 1 INTRODUCTION 1–8 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) With this approach, direct conflicts would be eliminated and the majority of the mechanisms and procedures to ensure compliance with compatibility criteria could be fully incorporated into a local jurisdiction’s general plan. Adopt a General Plan Airport Element—Another approach is to prepare a separate airport element of the general plan. Such a format may be advantageous when a community’s general plan also needs to address on-airport development and operational issues. Modification of other plan elements to provide cross referencing and eliminate conflicts would still be necessary. Adopt Compatibility Plan as Stand-Alone Document—Jurisdictions selecting this option would simply adopt the relevant portions of the UKIALCUP as a local policy document—specifically, Chapter 2 plus any background information they wish to include. Changes to the community’s existing general plan would be minimal. Policy reference to the separate UKIALUCP document would need to be added and any direct land use or other conflicts with compatibility planning criteria would have to be removed. Limited discussion of compatibility planning issues could be included in the general plan, but the substance of most compatibility policies would appear only in the stand-alone document. Adopt Airport Combining District or Overlay Zoning Ordinance—This approach is similar to the stand-alone document except that the local jurisdiction would not explicitly adopt the UKIALUCP as policy. Instead, the compatibility policies would be restructured as an airport combining or overlay zoning ordinance. A combining zone serves as an overlay of standard community-wide land use zones and modifies or limits the uses permitted by the underlying zone. Flood hazard combining zoning is a common example. An airport combining zone ordinance can serve as a convenient means of bringing various airport compatibility criteria into one place. The airport-related height-limit zoning that many jurisdictions have adopted as a means of protecting airport airspace is a form of combining district zoning. Noise and safety compatibility criteria, together with procedural policies, would need to be added to create a complete airport compatibility zoning ordinance. Other than where direct conflicts need to be eliminated from the local plans, implementation of the compatibility policies would be accomplished solely through the zoning ordinance. Policy reference to airport compatibility in the general plan could be as simple as mentioning support for the airport land use commission and stating that policy implementation is by means of the combining zone (An outline of topics which could be addressed in an airport combining zone is included in Appendix F). Overrule Process The only other course of action available to local agencies is to overrule the ALUC by a two-thirds vote of its governing body after making findings that the agency’s plans are consistent with the intent of state airport land use planning statutes. Additionally, the local agency must provide both the ALUC and Caltrans Division of Aeronautics with a copy of the local agency’s proposed decision and findings at least 45 days in advance of its decision to overrule and must hold a public hearing on the proposed overruling.12 The ALUC and the Division of Aeronautics may provide comments to the local agency within 30 days of receiving the proposed decision and findings. 12 Public Utilities Code Section 21676(a) and (b). Page 181 of 550 INTRODUCTION CHAPTER 1 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 1–9 If comments are submitted, the local agency must include them in the public record of the final decision to overrule the ALUC.13 Note that similar requirements apply to local agency overruling of ALUC actions concerning individual development proposals for which ALUC review is mandatory 14 and airport master plans.15 Project Referrals In addition to the types of land use actions for which referral to the ALUC is mandatory in accordance with state law (e.g., general plans, specific plans), the UKIALUCP specifies other major land use projects that either must or can be submitted for review. These major land use actions are defined in Chapter 2. Beginning with when this UKIALUCP is adopted by the ALUC and continuing until such time as local agencies have made the necessary modifications to their general plans, all of these major land use actions are to be submitted to the ALUC for review. After local agencies have made their general plans consistent with the UKIALUCP, local agencies may choose to voluntarily refer to the ALUC or ALUC Secretary land use actions involving a question of compatibility with airport activities. However, such referrals are voluntary, informal, and constitute consultation rather than formal reviews. These referral procedures must be indicated in the local jurisdiction’s general plan or other implementing policy document in order for the general plan to be considered fully consistent with the UKIALUCP. P LAN C ONTENTS The UKIALUCP is organized into four chapters and a set of appendices. The intent of this introductory chapter is to set the overall context of airport land use compatibility planning in general and for the Ukiah Municipal Airport and Mendocino County Airport Land Use Commission in particular. The policies and maps in Chapters 2 and 3 constitute the most important components of the plan. The policies in Chapter 2 establish procedures by which the ALUC operates and conducts compatibility reviews of land use and airport development proposals affecting Ukiah Municipal Airport. The policies also define the types of actions to be submitted for ALUC review and the procedures that the ALUC will follow in making compatibility determinations. Chapter 3 specifies the compatibility criteria for future land use development in the Ukiah Municipal Airport environs. Chapter 4 presents various background data regarding features, impacts, and environs of Ukiah Municipal Airport. Chapter 4 also serves to document the data and assumptions upon which the compatibility policy maps for the airport are based. Also included in this document are a set of appendices containing a copy of state statutes concerning airport land use commissions and other general information pertaining to airport land use compatibility planning. This material is mostly taken from other sources and does not represent ALUC policy except where cited as such in Chapters 2 and 3—specifically the state ALUC statutes and certain other laws (Appendix A) and Code of Federal Regulations (CFR) Part 77 (Appendix B). 13 Public Utilities Code Sections 21676, 21676.5 and 21677. 14 Public Utilities Code Section 21676.5(a). 15 Public Utilities Code Section 21676(c). Page 182 of 550 CHAPTER 1 INTRODUCTION 1–10 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) This page left intentionally blank Page 183 of 550 MENDOCINO COUNTY AIRPORT LAND USE COMMISSION CHAPTER 2 PROCEDURAL POLICIES Airport Land Use Compatibility Plan Page 184 of 550 Page 185 of 550 2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 2–1 Procedural Policies G ENERAL A PPLICABILITY 1.1. Purpose and Use 1.1.1. Basic Purpose: The purpose of this Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) is to articulate procedures and criteria applicable to airport land use compatibility planning involving Ukiah Municipal Airport (Airport), a public-use general aviation airport owned by the City of Ukiah. The UKIALUCP is prepared in accordance with the requirements of the California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) and guidance provided in the California Airport Land Use Planning Handbook (Handbook) published by the California Department of Transportation Division of Aeronautics in October 2011. 1.1.2. Use by Mendocino County ALUC: The Mendocino County ALUC (ALUC) shall: (a) Formally adopt this UKIALUCP1 and amend it as necessary to reflect current Airport plans.2 (b) When a Land Use Action is referred for review as dictated by Section 1.4, make a determination as to whether such Land Use Action is consistent with the criteria set forth in this UKIALUCP. (c) When an Airport Development Action is referred for review as dictated by Policy 1.4.4, make a determination as to whether such Airport Development Action is consistent with the criteria set forth in this UKIALUCP. 1.1.3. Use by City of Ukiah: The City of Ukiah shall: (a) When required by Section 1.4 of this UKIALUCP, refer Land Use Actions and Airport Development Actions to the ALUC for a consistency determination. Also, as encouraged by the ALUC in Policy 1.4.3, submit for ALUC comment (not a formal consistency determination) proposed Major Land Use Actions for which referral is voluntary. 1 In accordance with Public Utilities Code Section 21674(c). 2 In accordance with Public Utilities Code Section 21675(a). Page 186 of 550 CHAPTER 2 PROCEDURAL POLICIES 2–2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (b) Modify its general plan, applicable specific plan(s), zoning ordinance, and building regulations to be consistent with the policies in this UKIALUCP or take the steps necessary to Overrule the ALUC (see Section 2.5). (c) Utilize the UKIALUCP, either directly or as reflected in the appropriately modified general plan, specific plan, and zoning ordinance, when making other planning decisions regarding proposed Land Use Actions within the Airport Influence Area. (d) When preparing an environmental document for any Land Use Action within the Airport Influence Area, address the compatibility criteria contained in this UKIALUCP in addition to referencing guidance from the Handbook.3 (e) As owner of Ukiah Municipal Airport, refer proposed Airport Development Actions (including new or revised airport master plans, airport layout plans, and certain other airport improvement plans) to the ALUC for a consistency determination (see Policy 1.4.4). 1.1.4. Use by County of Mendocino: The County of Mendocino shall: (a) When required by Section 1.4 of this UKIALUCP, refer Land Use Actions to the ALUC for a consistency determination. Also, as encouraged by the ALUC in Policy 1.4.3, submit for ALUC comment (not a formal consistency determination) proposed Major Land Use Actions for which referral is voluntary. (b) Modify its general plan, applicable specific plan(s), zoning ordinance, and building regulations to be consistent with the policies in this UKIALUCP or take the steps necessary to Overrule the ALUC (see Section 2.5). (c) Utilize the UKIALUCP, either directly or as reflected in the appropriately modified general plan, specific plan, and zoning ordinance, when making other planning decisions regarding the proposed Land Use Actions within the Airport Influence Area. (d) When preparing an environmental document for any Land Use Action within the Airport Influence Area, address the compatibility criteria contained in this UKIALUCP in addition to referencing guidance from the Handbook.4 1.1.5. Use by Other Local Government Agencies: Any existing or future special districts, school districts, or community college districts5 whose boundaries extend into the Ukiah Municipal Airport Influence Area, as defined herein, shall: (a) As specified by Section 1.4 of this UKIALUCP, refer Land Use Actions to the ALUC for a consistency determination. (b) Apply the policies of this UKIALUCP when creating plans or taking other Land Use Actions regarding proposed facilities and other development affecting or affected by airport operations or take the steps necessary to Overrule the ALUC (see Section 2.5). 3 The California Environmental Quality Act (CEQA) requires environmental documents for projects situated within an airport influence area to evaluate whether the project would expose people residing or working in the project area to excessive levels of airport-related noise or to airport-related safety hazards (Public Resources Code Section 21096). In the preparation of such environmental documents, the law specifically requires that the Airport Land Use Planning Handbook published by the California Division of Aeronautic be utilized as a technical resource. 4 See preceding footnote. 5 Public Utilities Code Section 21670(f) specifically includes special districts, school districts, and community college districts as among the Local Agencies subject to the airport land use compatibility planning provisions of the Aeronautics Act. Page 187 of 550 PROCEDURAL POLICIES CHAPTER 2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 2–3 1.1.6. Relationship to Other ALUCPs Adopted by ALUC: This UKIALUCP rescinds and replaces the Compatibility Plan for the Ukiah Municipal Airport adopted by the ALUC in 1996 and included within the Mendocino County Airport Comprehensive Land Use Plan (MCACLUP), which applies to all of the public-use airports in Mendocino County. None of the policies of the 1996 plan continue to apply to compatibility planning within the environs of the Ukiah Municipal Airport. (a) No future amendments to the MCACLUP shall apply to the environs of Ukiah Municipal Airport unless separately adopted as an amendment to this UKIALUCP. (b) No court action to invalidate all or any portion of this UKIALUCP shall have an effect on the MCACLUP unless explicitly so stated. 1.1.7. Effective Date: (a) The policies herein are effective as of the date that the ALUC adopts this UKIALUCP. (b) Any Project or phase of a Project that has received Local Agency approvals sufficient to qualify it as an Existing Land Use (see Policies 1.2.18 and 1.5.3) prior to the date of the ALUC’s adoption of the UKIALUCPs shall not be required to comply with the policies herein. Rather, the policies of the 1996 Ukiah Municipal Airport section of the MCACLUP shall apply. 1.2. Definitions The following definitions apply for the purposes of the policies set forth in this UKIALUCP. Words listed here appear in Italics when used in this chapter or in Chapter 3. In addition, general terms pertaining to airports and land use planning are defined in the Glossary (Appendix H). 1.2.1. Aeronautics Act (also known as the California State Aeronautics Act): Except as indicated otherwise, the article of the California Public Utilities Code Section 21670 et seq., pertaining to airport land use commissions and airport land use compatibility planning. 1.2.2. Airport: Ukiah Municipal Airport. 1.2.3. Airport Development Action: Any of several types of actions that may be taken by the City of Ukiah as airport owner and for which referral to the ALUC is required (see Policy 1.4.4). 1.2.4. Airport Influence Area: The area, as shown in Map 3A, in which current or future airport- related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses. The Airport Influence Area constitutes the area within which certain Land Use Actions are subject to ALUC review. The term Airport Influence Area is synonymous with the term Referral Area as well as with the term “planning area” as used in Public Utilities Code Section 21675. 1.2.5. Airport Land Use Commission (ALUC): The Mendocino County Airport Land Use Commission. 1.2.6. Airport Land Use Commission Secretary: The Director of the Mendocino County Department of Planning and Building Services or a person designated by the Director. 1.2.7. Airport Land Use Compatibility Plan (ALUCP): This document, the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP). 1.2.8. Airport Proximity Disclosure: A form of buyer awareness documentation required by California state law and applicable to many transactions involving residential real estate, which includes Page 188 of 550 CHAPTER 2 PROCEDURAL POLICIES 2–4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) previously occupied dwellings. The disclosure notifies a prospective purchaser that the property is located in proximity to an airport and may be subject to annoyances and inconveniences associated with the flight of aircraft to, from, and around the airport. See Policy 3.7.2 for applicability to Ukiah Municipal Airport. Also see Policy 1.2.34 for a related buyer awareness tool, Recorded Overflight Notification. 1.2.9. Airspace Critical Protection Zone: The 14 CFR Part 77 primary surface and the area beneath portions of the approach and transitional surfaces to where these surfaces intersect with the horizontal surface together with the Airspace High Terrain Zone. See details in Policy 3.6.1(c). 1.2.10. Airspace High Terrain Zone: High terrain areas where review of and control over the height of objects is particularly important to the protection of the Airport airspace. See details in Policy 3.6.1. 1.2.11. Airspace Protection (Part 77) Surfaces/Plans/Zones: Imaginary surfaces in the airspace surrounding an Airport defined in accordance with criteria set forth in Title 14 Code of Federal Regulations Part 77 (14 CFR Part 77), Safe, Efficient Use, and Preservation of the Navigable Airspace.6 These surfaces establish the maximum height that objects on the ground can reach without potentially creating constraints or hazards to the use of the airspace by aircraft approaching, departing, or maneuvering in the vicinity of airports. The Airspace Protection Zones for Ukiah Municipal Airport are depicted in Map 3B, Airspace Protection Zones, in Chapter 3 herein. 1.2.12. Aviation-Related Use: Any facility or activity directly associated with the air transportation of persons or cargo or the operation, storage, or maintenance of aircraft at the Airport. Such uses specifically include, but are not limited to, runways, taxiways, and their associat ed protection areas defined by the Federal Aviation Administration, together with aircraft aprons, hangars, fixed base operations facilities, terminal buildings, etc. Hotels or other commercial/industrial facilities on Airport property do not qualify as an Aviation-Related Use. 1.2.13. Avigation Easement: An easement that conveys rights associated with aircraft overflight of a property, including, but not limited to, creation of noise and limits on the height of structures and trees, etc. (See Policy 3.3.6.) 1.2.14. Building Regulations: Terminology used in state ALUC statutes. Also known as “building codes,” a set of rules that specify the standards for constructed objects such as buildings and nonbuilding structures. 1.2.15. Community Noise Equivalent Level (CNEL): The noise metric adopted by the State of California for land use planning purposes, including describing airport noise impacts. The noise impacts are typically depicted by a set of contours, each of which represents points having the same CNEL value. 1.2.16. Compatibility Zone: Any of the zones depicted in the Compatibility Policy Map for the Airport in Chapter 3 for the purposes of assessing land use compatibility within the Airport Influence Area defined herein. (See Policy 1.3.1.) 6 Code of Federal Regulations that deal with objects affecting navigable airspace in the vicinity an airport. Objects that exceed the 14 CFR Part 77 height limits constitute airspace obstructions. 14 CFR Part 77 establishes standards for identifying obstructions to navigable airspace, sets forth requirements for notice to the FAA of certain proposed construction or alteration, and provides for aeronautical studies of obstructions to determine their effect on the safe and efficient use of airspace. (See Appendix B for a copy of the 14 CFR Part 77.) Page 189 of 550 PROCEDURAL POLICIES CHAPTER 2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 2–5 1.2.17. Density: The number of dwelling units per acre. Density is used in this UKIALUCP as the measure by which proposed residential Land Use Actions are evaluated for compliance with noise and safety compatibility criteria (compare Intensity). Density is calculated based on the overall site size (i.e., total acreage of the project site). 1.2.18. Existing Land Use: A land use that, as of the effective date of this UKIALUCP (see Policy 1.1.7) either physically exists or for which Local Agency commitments to the proposal have been obtained entitling the Project to move forward. (See Policy 1.5.3.) The policies of this UKIALUCP do not apply to Existing Land Uses.7 1.2.19. Handbook: The California Airport Land Use Planning Handbook (Handbook) published by the California Department of Transportation (Caltrans), Division of Aeronautics.8 The Handbook provides guidance to ALUCs for the preparation, adoption, and amendment of airport land use compatibility plans. 1.2.20. Infill: Development of vacant or underutilized land (e.g., Redevelopment or expansion of existing facilities) within areas that are already largely developed or used more intensively. See Policy 3.3.4for criteria used to identify Infill areas for the purposes of this UKIALUCP. 1.2.21. Intensity: The number of people per acre. Intensity is used in this UKIALUCP as the measure by which most proposed nonresidential Land Use Actions are evaluated for compliance with safety compatibility criteria (compare Density). Sitewide average Intensity is calculated based on the overall site size (i.e., total acreage of the site). 1.2.22. Land Use Action: Any type of land use matter including, but not limited to, land use plans and individual development proposals or Projects for which Local Agency action is required and which are subject to the provisions of this UKIALUCP. 1.2.23. Local Agency: The County of Mendocino, City of Ukiah, or any special district, school district, or community college district—including any future city or district—having any jurisdictional territory lying within the Airport Influence Area as defined herein for the Ukiah Municipal Airport. These entities are subject to the provisions of this UKIALUCP (see Policies 1.1.3, 1.1.4, and 1.1.5). State and federal government agencies and Native American tribes are not considered Local Agencies. 1.2.24. Major Land Use Action: Land Use Actions related to proposed land uses for which compatibility with Airport activity is a particular concern, but for which ALUC review is not always mandatory under state law. These types of Land Use Actions are listed in Policy 1.4.5. 1.2.25. Noise Impact Area: The area within which the noise impacts (measured in terms of CNEL) generated by the Airport may represent a land use compatibility concern. The noise impact area for the Airport is presented in Chapter 4, Exhibit 4-4. 1.2.26. Noise-Sensitive Land Uses: Land uses for which the associated primary activities, whether indoor or outdoor, are susceptible to disruption by loud noise events. The most common types of noise sensitive land uses include, but are not limited to: residen ces, hospitals, nursing facilities, intermediate care facilities, educational facilities, libraries, museums, places of worship, child-care facilities, and certain types of passive recreational parks and open space. 7 This is an explicit limitation of Public Utilities Code Sections 21670(a) and 21674(a). 8 As of preparation of the UKIALUCP in 2019, the current edition of the Handbook is dated October 2011. Page 190 of 550 CHAPTER 2 PROCEDURAL POLICIES 2–6 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 1.2.27. Nonconforming Use: An Existing Land Use that does not comply with the compatibility criteria set forth in this UKIALUCP. See Policy 1.5.3(d) for criteria applicable to Land Use Actions involving Nonconforming Uses. 1.2.28. Object Free Area (OFA): An area on the ground surrounding an airport runway within which the Federal Aviation Administration (FAA) prohibits all objects except certain ones necessary for aircraft navigation or maneuvering. The Airport OFA dimensions to be applied for the purposes of this UKIALUCP are as established by the FAA. 1.2.29. Occupancy Load Factor: The number of square feet of building floor area occupied per person under typical peak-period usage. 1.2.30. Overrule: An action that a Local Agency can take in accordance with provisions of state law if the Local Agency wishes to proceed with adoption or amendment of a general plan or specific plan, adoption or approval of a zoning ordinance or building regulation, approval or modification of a facility master plan, or modification of an airport master plan9 or, under conditions specified in Policy 1.4.2, a Major Land Use Action10 affecting the Airport Influence Area, despite an ALUC finding that the proposed Land Use Action is inconsistent with this UKIALUCP. See Section 2.5 for process required to Overrule the ALUC. Similar Overrule provisions are also available to the City of Ukiah as Airport owner if the ALUC finds a proposed airport master plan inconsistent with the UKIALUCP. 1.2.31. Project: A type of Land Use Action or Airport Development Action that involves development of a specific site (as opposed to a plan, ordinance, or regulation that applies throughout a Local Agency’s jurisdiction). 1.2.32. Rare Special Events: Events (such as an air show at the Airport or golf tournament) for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate. 1.2.33. Reconstruction: The rebuilding of a structure housing a Nonconforming Existing Land Use when the structure has been fully or partially destroyed as a result of a calamity (not planned Reconstruction or Redevelopment). See Policy 3.3.4. 1.2.34. Recorded Overflight Notification: A form of buyer awareness documentation recorded in the chain of title of a property stating that the property may be subject to annoyances and inconveniences associated with the flight of aircraft to, from, and around a nearby airport. Unlike an Avigation Easement (see Policy 1.2.13), a Recorded Overflight Notification does not convey property rights from the property owner to the Airport and does not restrict the height of objects. See Policy 3.7.1 for applicability. Also see Policy 3.7.2 for a related buyer awareness tool, Airport Proximity Disclosure. 1.2.35. Redevelopment: Any new construction that replaces the Existing Land Use of a site and would be inconsistent with the compatibility criteria and policies in Chapter 3 of the UKIALUCP. Projects involving Redevelopment are subject to the provisions of this UKIALUCP to the same extent as with other types of Land Use Actions. 1.2.36. Referral Area: See Airport Influence Area. 9 Public Utilities Code Sections 21676(a), (b), and (c). 10 Public Utilities Code Section 21676.5(a). Page 191 of 550 PROCEDURAL POLICIES CHAPTER 2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 2–7 1.2.37. Risk-Sensitive Land Use: A land use that represents special safety concerns irrespective of the number of people associated with the use (see Policy 3.5.5). Specifically: uses with vulnerable occupants, hazardous materials storage, or critical community infrastructure. 1.2.38. Rural Environment: Areas where the predominant land use is natural or agricultural and where buildings are scattered. 1.2.39. Suburban Environment: Areas characterized by low- to-moderate intensity (1-2 story) development with surface parking. 1.2.40. Urban Environment: Areas with mid-rise (up to 5 stories) development that generally include surface vehicle parking with some parking structures. 1.2.41. Urban Overlay Zone: Land underlying Compatibility Zones 3 and 4 to the north within the City of Ukiah and Compatibility Zone 4 to the southwest in unincorporated Mendocino County. The Urban Overlay Zone reflects existing residential land use patterns within the urban environs of the Airport. The Urban Overlay Zone provides a Density exception to the basic Density criteria provided in Table 3A, Basic Compatibility Criteria, to allow multi-family residential uses. See Policy 3.2.3(b) for details. 1.3. Scope of ALUC Concerns 1.3.1. Airport Influence Area: (a) The Influence Area of the Ukiah Municipal Airport encompasses all lands on which the uses could be significantly affected by current or future aircraft operations at the Airport as well as lands on which the uses could negatively affect Airport usage and thus necessitate restriction on those uses.11 (b) In delineating the Airport Influence Area, the geographic extents of four types of compatibility concerns are considered. The Compatibility Zones depicted in the Compatibility Policy Map, Map 3A in Chapter 3, consider all four compatibility factors in a composite manner. (1) Noise: Locations exposed to potentially disruptive levels of aircraft noise. (2) Safety: Areas where the risk of an aircraft accident poses heightened safety concerns for people and property on the ground. (3) Airspace Protection: Places where height and various other land use characteristics need to be restricted in order to prevent creation of physical, visual, or electronic hazards to flight within the airspace required for operation of aircraft to and from the Airport. (4) Overflight: Locations beneath where aircraft in flight are distinctly visible and audible even if not necessarily directly overhead. 1.3.2. Airport Growth Assumptions: The Airport Influence Area for the Airport reflects the existing configuration of the Airport, planned airfield improvements and projected aircraft activity covering the requisite 20-year planning horizon.12 Background data in Chapter 4 documents the aeronautical assumptions upon which this UKIALUCP is based. 11 The basis for delineating the Airport Influence Area is set by state law in Business and Professions Code Section 11010. 12 See Public Utilities Code Section 21675(a). Page 192 of 550 CHAPTER 2 PROCEDURAL POLICIES 2–8 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 1.3.3. Referral Area: The Airport Influence Area for UKIALUCP constitutes the Referral Area within which certain Land Use Actions and Airport Actions are subject to ALUC review to determine consistency with the UKIALUCP. See Section 1.4 for the types of Actions subject to ALUC review. 1.3.4. Airport Impacts Not Considered: Other impacts sometimes created by airports (e.g. air pollution, automobile traffic, etc.) are not addressed by these compatibility policies and are not factors that the ALUC shall consider in reviewing Land Use Actions. Also, in accordance with state law,13 neither this UKIALUCP nor the ALUC have authority over the operation of the Airport (including where and when aircraft fly, airport security, and other such matters). 1.4. Types of Actions Subject to ALUC Review 1.4.1. Land Use Actions for which Local Agency Referral to ALUC is Mandatory: Prior to approving the types of Land Use Actions indicated in Paragraphs (a) and (b), the Local Agency always must refer the Action to the ALUC for determination of consistency with the UKIALUCP.14 (a) Local Agency adoption or approval of any new general plan or specific plan or any amendment thereto that affects lands within the Airport Influence Area. (b) Local Agency adoption or approval of a zoning ordinance or building regulation, including any proposed change or variance to any such ordinance or regulation, that (1) affects land within the Airport Influence Area and (2) may involve the types of airport impact concerns listed in Policy 1.3.1(b). 1.4.2. Major Land Use Actions for which Local Agency Referral to ALUC is Required on an Interim Basis: In addition to the above types of Land Use Actions for which referral to the ALUC is always mandatory, referral of Major Land Use Actions is required until such time as (1) the ALUC finds that a Local Agency’s general plan or specific plan is consistent with this UKIALUCP or (2) the Local Agency has Overruled the ALUC’s determination of inconsistency. Only Major Land Use Actions as listed in Policy 1.4.5 must be referred for review during this interim period.15 13 Public Utilities Code Section 21674(e). 14 Public Utilities Code Section 21676(b). 15 Public Utilities Code Section 21676.5(a) allows an ALUC to require the Local Agency to refer all Land Use Actions, including regulations and permits, involving land within the Airport Influence Area to it for review until the Local Agency’s general plan or specific plan is revised or the specific findings are made. Under this policy, the Mendocino County ALUC elects only to require referral of Major Land Use Actions. The scope or character of certain Major Land Use Actions, as listed in Policy 1.4.5, is such that their compatibility with Airport activity is a potential concern. Page 193 of 550 PROCEDURAL POLICIES CHAPTER 2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 2–9 1.4.3. Voluntary Referral of Land Use Actions: A Local Agency may choose to voluntarily refer to the ALUC or ALUC Secretary for informal review and consultation a Land Use Action involving a question of compatibility with Airport activities. ALUC or ALUC Secretary review of these types of Land Use Actions can serve to enhance their compatibility with airport activity. Because comments from the ALUC are advisory when reviewing Land Use Actions referred voluntarily, Local Agencies are not required to adhere to the ALUC’s review period or Overrule process if they elect to approve such actions without incorporating design changes or conditions recommended by the ALUC. 16 1.4.4. Airport Development Actions for which Referral to ALUC is Mandatory: Under state law, planning and development actions involving airport property are subject to ALUC review as follows: (a) Prior to approving either of the following types of Airport planning and development actions, the City of Ukiah must refer the proposed Airport Development Action to the ALUC for determination of consistency with the UKIALUCP. (1) Adoption or modification of the master plan for the Airport.17 (2) Any proposal for “expansion” of the Airport if such expansion will require an amended Airport Permit from the State of California.18 (b) Nonaviation development of Airport property is not deemed to be a form of airport operations. Consequently, such proposals are considered Land Use Actions and are subject to ALUC review just as is required for nonaviation Land Use Actions off Airport property. The review may take place as part of an airport master plan or on an individual development Project basis. 1.4.5. Major Land Use Actions: Referral of the following types of Land Use Actions is required under the conditions indicated in Policy 1.4.2 and is encouraged on a voluntary basis in accordance with Policy 1.4.3. (a) Any proposal for nonaviation structures or uses of land within Compatibility Zone 1 (see Policy 1.2.12 for definition of an Aviation-Related Use). (b) Any of the following types of Land Use Actions affecting land within Compatibility Zones 2 through 6. (1) Proposed expansion of the sphere of influence of a city or special district. (2) Proposed pre-zoning associated with future annexation of land to a city. (3) Proposed infrastructure or other capital improvements (e.g., water, sewer, or roads) not reflected in a previously reviewed general plan or specific plan that would promote urban uses in undeveloped or agricultural areas. 16 Once a Local Agency either makes its general plan, specific plans, zoning ordinance or facilities master plan consistent with the UKIALUCP or Overrules the ALUC as provided by law, the ALUC no longer has authority under state law to require that all actions, regulations, and permits be referred for review. However, a Local Agency may choose to voluntarily refer Land Use Actions, as listed in Policy 1.4.5, to the ALUC for informal review and comment. ALUC review of these types of Actions can serve to enhance their compatibility with Airport activity. 17 Public Utilities Code Section 21676(c) 18 Public Utilities Code Section 21664.5 defines “airport expansion” as being “construction of a new runway,” “extension or realignment of an existing runway,” “acquisition of clear zones [runway protection zones] or of any interest in land for the purpose of [either of the above],” or “any other expansion of the airport’s physical facilities for the purpose of accomplishing or which are related to the purpose of [any of the above].” Page 194 of 550 CHAPTER 2 PROCEDURAL POLICIES 2–10 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (4) Proposed development agreements or amendments to such agreements. (5) Proposed residential Land Use Actions, including land divisions, consisting of six or more dwelling units or parcels. (6) Proposed nonresidential Land Use Actions having a building floor area of 10,000 square feet or greater. (7) Proposed Land Use Actions regularly attracting more than 100 people (including employees, customers/visitors) to outdoor activities on the Project site (e.g., flea markets). (8) Proposed land acquisition by a Local Agency for any building intended to accommodate the public (for example, a school, jail, or hospital). (9) Proposed Redevelopment (see Policy 1.2.35) if the Project is of a type listed in Paragraphs (b)(1) through (b)(8) of this policy.19 (c) Actions affecting land uses within any portion of the Airport Influence Area: (1) Proposed structures or objects having a height of more than 35 feet within the Airspace High Terrain Zone. (2) Proposed objects (including buildings, antennas, and other structures) that receive an Aeronautical Study determination of anything other than “not a hazard to air navigation” by the Federal Aviation Administration in accordance with 14 CFR Part 77 (See Appendix B). (3) Proposed Projects (e.g., water treatment facilities, waste transfer or disposal facilities, parks with open water areas) or plan (e.g., Habitat Conservation Plan) having the potential to cause an increase in the attraction of birds or other wildlife that can be hazardous to aircraft operations in FAA-defined locations.20 (4) Projects having the potential to create electrical or visual hazards to aircraft in flight, including (see Policy 3.6.4(b)): ▪ Electrical interference with aircraft radio communications or navigational signals; ▪ Lighting which could be mistaken for Airport lighting; ▪ Glare (such as from mirrored or other highly reflective structures or building features) or bright lights (such as from search lights and laser light displays) in the eyes of pilots of aircraft using the Airport; and 19 ALUC review of Redevelopment under this policy includes Redevelopment of a property for which the Existing Land Use is consistent with the general plan and/or specific plan, but Nonconforming with the compatibility criteria set forth in this UKIALUCP. This policy is intended to address circumstances that arise when a general pl an or specific plan land use desig- nation does not conform to UKIALUCP compatibility criteria but is deemed consistent with the UKIALUCP because the designation reflects an Existing Land Use. Proposed Redevelopment of such lands voids the consistency status and is to be treated as a new Land Use Action subject to ALUC review even if the proposed use is consistent with the local general plan or specific plan. (Also see Policies 3.3.1 and 3.3.4.) 20 FAA rules and regulations defining these locations are found in: Public Law 106-181 (Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, known as AIR 21), Section 503; 40 CFR 258, Criteria for Municipal Solid Waste Landfills, Section 258.10, Airport Safety; Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports; Advisory Circular 150/5200-34A, Construction or Establishment of Landfills near Public Airports; and any subsequent applicable FAA guid- ance. Page 195 of 550 PROCEDURAL POLICIES CHAPTER 2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 2–11 ▪ Other uses near the Airport that may impair a pilot’s visibility (such as from sources of dust, steam, or smoke) or cause thermal plumes or other forms of unstable air. (5) Projects having the potential to create a thermal plume extending to an altitude where aircraft fly. (d) Proposed nonaviation development of Airport property if such development has not previously been included in the airport master plan or City of Ukiah general plan reviewed by the ALUC. (See Policy 1.2.12 for definition of Aviation-Related Use.) (e) Any other proposed Land Use Action or Airport Development Action, as determined by the Local Agency, involving a question of compatibility with Airport activities may also be referred on a voluntary basis. 1.5. Limitations of the ALUC and UKIALUCP 1.5.1. Airport Operations: Except as indicated in Policy 1.4.4, neither the ALUC nor this UKIALUCP have authority over the planning and design of facilities on the Airport or over Airport operations, including where and when aircraft fly, the types of aircraft flown, and other aspects of aviation.21 1.5.2. Federal, State, and Tribal Entities: Lands controlled (i.e., owned, leased, or in trust) by federal or state agencies or by Native American tribes are not subject to the provisions of the state ALUC statutes or this UKIALUCP. However, the compatibility criteria included herein are intended as recommendations to these agencies. 1.5.3. Existing Land Uses: The policies of this UKIALUCP do not apply to Existing Land Uses.22 A land use is considered to be “existing” when one or more of the conditions below has been met prior to the effective date (see Policy 1.1.7) of this UKIALUCP. (a) Qualifying Criteria: An Existing Land Use is one that either physically exists or for which Local Agency commitments to the proposal have been obtained; that is, no further discretionary approvals are necessary. Local Agency commitment to a proposal can usually be considered firm once one or more of the following have occurred: (1) A tentative parcel or subdivision map has been approved and not expired; (2) A vesting tentative parcel or subdivision map has been approved and not expired; (3) A development agreement has been approved and not expired; (4) A final subdivision map has been recorded and not expired; (5) A use permit or other discretionary entitlement has been approved and not expired; or (6) A valid building permit has been issued. (b) Expiration of Local Agency Commitment: If a Local Agency’s commitment to a proposed Project, as set forth in Paragraph (a)(1) through (5) of this policy, expires, the Project will 21 This is an explicit limitation of state law under Public Utilities Code Section 21674(e). 22 This is an explicit limitation of Public Utilities Code Sections 21670(a) and 21674(a). Page 196 of 550 CHAPTER 2 PROCEDURAL POLICIES 2–12 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) no longer qualify as an Existing Land Use. As such, the Project shall be subject to the policies of this UKIALUCP. (c) Revisions to an Approved Project: Filing of a new version of any of the approval documents listed in Paragraph (a) of this policy means that the use no longer qualifies as an Existing Land Use and, therefore, is subject to ALUC review in accordance with the policies of Section 1.4. (d) Existing Nonconforming Uses: The ALUC has no ability to reduce or remove Nonconforming or otherwise incompatible Existing Land Uses from the Airport environs. Further, this UKIALUCP is not intended to compel Local Agency action to reduce or remove Nonconforming or otherwise incompatible Existing Land Uses from the Airport environs. Proposed changes to uses within existing structures are not subject to ALUC review unless the changes would result in an increased nonconformity with the compatibility criteria (see Policy 3.3.1) and requires discretionary approval on the part of the Local Agency (e.g., proposal for an indoor sport facility or place of worship within an existing industrial building). Proposed Redevelopment (see definition in Policy 1.2.35) is, however, subject to ALUC review and conformance with the compatibility criteria the same as new development. 1.5.4. Development by Right: Nothing in this UKIALUCP prohibits: (a) Construction of a single-family home on a legal lot of record as of the effective date (see Policy 1.1.7) of this UKIALUCP provided that the home is not within Compatibility Zone 1 and the use is permitted by the Local Agency’s land use regulations. (b) Construction of accessory dwelling unit(s) as defined by state law and local regulations.23 Accessory dwelling units shall not be considered in calculation of residential Density for a proposed Land Use Action under Policy 3.2.5. (c) Construction of multi-family housing when dictated by state law and provided that the Local Agency’s general plan and/or zoning ordinance have been found consistent with this UKIALUCP. (d) Lot line adjustments provided that new developable parcels would not be created and the resulting Density or Intensity of the affected property would not exceed the applicable criteria indicated in Table 3A, Basic Compatibility Criteria. (e) Construction or establishment of a family day care home serving 14 or fewer children24 either in an existing dwelling or in a new dwelling permitted by the policies of this UKIALUCP. 23 Government Code, Section 65852.2. 24 Health and Safety Code, Section 1596.78. Page 197 of 550 PROCEDURAL POLICIES CHAPTER 2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 2–13 ALUC R EVIEW P ROCESS 2.1. General 2.1.1. Timing of Referral: The precise timing of the ALUC’s or ALUC Secretary’s review of a proposed Land Use Action or Airport Development Action may vary depending upon the nature of the specific action. (a) Referrals to the ALUC should be made at the earliest reasonable point in time so that the ALUC’s review can be duly considered by the Local Agency prior to when the agency formally approves the Action. Depending upon the type of Action and the normal scheduling of meetings, ALUC review can be completed before, after, or concurrently with review by the local planning commission and other advisory bodies but must be accomplished before final approval by the Local Agency. (b) Completion of a formal application with the Local Agency is not required prior to a Local Agency’s referral of a proposed Land Use Action or Airport Development Action to the ALUC. (1) Rather, a Project applicant may request, and the Local Agency may refer, a proposed Action to the ALUC for early consistency determination, so long as the Local Agency or Project applicant is able to provide the ALUC with the required submittal information for the proposed Action, as specified in Policies 2.2.4, 2.3.1, and 2.4.1. (2) A Project applicant may also seek informal ALUC comment on a prospective Land Use Action at an early design stage prior to formal referral to the ALUC for a consistency determination. 2.1.2. Submittal of Environmental Documents: The ALUC does not have a formal responsibility to review the environmental document associated with Land Use Actions or Airport Development Actions referred to it for review. (a) However, if an environmental document has been prepared at the time that the Land Use Action or Airport Development Action is referred for review and the document contains information pertinent to the review and not included in other applicable submittal information as listed in Policies 2.2.4, 2.3.1, and/or 2.4.1, then a copy should be included with the referral for reference. (b) The ALUC authorizes the ALUC Secretary, after consultation with the ALUC Chairman, to provide comments on environmental documents submitted to the ALUC for comment under provisions of the California Environmental Quality Act (CEQA) separately from referral of a Land Use Action for a consistency determination. ALUC and/or ALUC Secretary comments, if any, shall be provided to the referring Local Agency within the timeframe established for receipt of comments from other entities. 2.1.3. Responsibilities for Ensuring Project Compliance with the UKIALUCP: The ALUC, Local Agencies, and Project applicants each have responsibilities for ensuring that proposed Land Use Actions and Airport Development Actions comply with the compatibility criteria set forth in this UKIALUCP. These responsibilities vary depending upon whether a Local Agency’s general plan and applicable specific plan(s) have been determined by the ALUC to be consistent with the UKIALUCP. (a) Prior to the Local Agency plans becoming consistent with the UKIALUCP, the ALUC has the lead role in analyzing and ensuring Project compliance with the policies herein. Page 198 of 550 CHAPTER 2 PROCEDURAL POLICIES 2–14 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (1) Local Agency staff may choose to initially evaluate proposed Land Use Actions and work with the Project applicant to bring the proposal into compliance with UKIALUCP criteria. Local Agency staff should also encourage Project applicants to contact the ALUC Secretary for details about UKIALUCP policies and the policies’ applicability to the proposed Project. The ALUC Secretary will provide informal input at this stage if requested. (2) When a proposed Land Use Action or Airport Development Action is of a type that requires a formal consistency determination by the ALUC (those listed in Policies 1.4.1, 1.4.2, and 1.4.4), the Local Agency is responsible for referring that Action to the ALUC. The Project applicant is responsible for providing the information about the Project that the ALUC requires to conduct its review and for paying applicable ALUC fees. The ALUC Secretary shall review the proposal to evaluate its compliance with the UKIALUCP policies in accordance with Policy 2.2.5 or 2.3.2 and place the Project and review on the ALUC agenda for a consistency decision within the applicable timeframe established by Policy 2.2.7, 2.3.4, or 2.4.3. (b) Subsequent to when a Local Agency’s general plan and applicable specific plan(s) have been determined by the ALUC to be consistent with the UKIALUCP, the Local Agency and its staff are responsible for ensuring that proposed Major Land Use Actions comply with UKIALUCP criteria. (1) The ALUC Secretary will provide informal input if requested and can refer the proposed Action to the ALUC for additional comment if desired by the Local Agency and/or the Project applicant. (2) Land Use Actions and Airport Development Actions for which referral to the ALUC is mandatory, regardless of the general plan and specific plan consistency status, must continue to be referred for a formal consistency determination by the ALUC. (c) In either case, Project applicants are responsible for designing their Projects to comply with UKIALUCP policies. (d) Once a Project has been found consistent with the UKIALUCP, the Local Agency and its staff are responsible for enforcing UKIALUCP criteria as they apply to a Project such that the Project continues to comply with UKIALUCP criteria on an on-going basis following completion of the Project (e.g., usage Intensity and height limitations). 2.1.4. Public Input: Where applicable, the ALUC shall provide public notice and obtain public input before making a consistency determination regarding any proposed Land Use Action or Airport Development Action under consideration.25 2.1.5. Fees: Any applicable review fees as established by the ALUC shall accompany the referral of Actions for ALUC or ALUC Secretary review.26 2.2. Review Process for General Plans, Specific Plans, Zoning Ordinances, and Building Regulations 2.2.1. Initial ALUC Review of General Plan Consistency: In conjunction with adoption or amendment of this UKIALUCP, the ALUC shall review the general plans and specific plan(s) of affected 25 Public Utilities Code Section 21675.2(d) and Government Code Section 54950 (Brown Act). 26 Public Utilities Code Section21671.5(f) allows for ALUCs to charge fees for project reviews. Page 199 of 550 PROCEDURAL POLICIES CHAPTER 2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 2–15 Local Agencies to determine their consistency with the ALUC’s policies. Inconsistencies, if any, shall be identified. (a) State law requires that within 180 days of the ALUC’s adoption or amendment of this UKIALUCP, each Local Agency having territory within the Airport Influence Area of the Airport must amend its general plan and any applicable specific plan(s) to be consistent with the ALUC’s UKIALUCP27 or, alternatively, provide required notice, adopt findings, and Overrule the ALUC in accordance with statutory requirements.28 It is the ALUC’s policy to deem the 180-day period to begin as of the date that digital copies of the adopted UKIALUCP are made available to the affected Local Agencies. (b) Prior to approving a proposed amendment of a general plan or specific plan as necessitated by Paragraph (a) of this policy, the Local Agency must submit a draft of the proposal to the ALUC for review and approval. 2.2.2. Subsequent Proposed Amendment of Current or Adoption of New General Plans, Specific Plans, Zoning Ordinances, or Building Regulations: Adoption of a Local Agency’s new general plan, specific plan, zoning ordinance or building regulation, or amendment of a current such plan, ordinance, or regulation, requires review by the ALUC if the plan, ordinance, or regulation: (a) Has general applicability throughout the community; and/or (b) Concerns land within the Airport Influence Area. 2.2.3. Identification of Infill Areas: If a Local Agency wishes to have its general plan show locations for Infill development as indicated in Policy 3.3.45, the Local Agency must provide the ALUC a map along with supporting documentation identifying areas it requests the ALUC to consider as Infill. This may be done in conjunction with its referral of a general plan or specific plan amendment to the ALUC in response to the requirements of Policy 2.2.1 or as part of a later update in accordance with Policy 2.2.2. The ALUC shall include a determination on the Infill locations as part of its consistency determination regarding the general plan and/or applicable specific plan(s). 2.2.4. Required Submittal Information: Copies of the complete text and maps of the plan, ordinance, or regulation proposed for adoption or amendment shall be submitted to the ALUC. Any supporting material, such as environmental documents, assessing the proposal’s consistency with the UKIALUCP should be included. If the amendment is required as part of a proposed Major Land Use Action, then the information listed in Policy 2.3.1 shall also be included to the extent applicable. 2.2.5. ALUC Secretary’s Responsibilities: The ALUC Secretary shall review the proposed general plan, specific plan, zoning ordinance, or building regulation for compliance with the UKIALUCP and forward the analysis to the ALUC for a formal consistency determination. The ALUC Secretary does not have authority to make formal consistency determinations. 2.2.6. ALUC Action Choices: When reviewing a general plan, specific plan, zoning ordinance, or building regulation for consistency with the UKIALUCP, the ALUC has three options: (a) Find the plan, ordinance, or regulation consistent with the UKIALUCP. To make such a finding with regard to a general plan, the conditions identified in Section 3.1 must be met. 27 Government Code Section 65302.3. 28 Public Utilities Code Section 21676(b). Page 200 of 550 CHAPTER 2 PROCEDURAL POLICIES 2–16 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (b) Find the plan, ordinance, or regulation consistent with the UKIALUCP, subject to conditions and/or modifications that the ALUC may require. Any such conditions should be limited in scope and described in a manner that allows compliance to be clearly assessed. (c) Find the plan, ordinance, or regulation inconsistent with the UKIALUCP. In making a finding of inconsistency, the ALUC shall note the specific conflicts or shortcomings upon which its determination is based. 2.2.7. Response Time: The ALUC must respond to a Local Agency’s request for a consistency determination on a general plan, specific plan, zoning ordinance, or building regulation within 60 days from the date of referral.29 (a) The date of referral is deemed to be the date on which all applicable information as specified in Policy 2.2.3 and indicated on the ALUC Review Application (Appendix E) is received by the ALUC Secretary and applicable referral fees have been paid. (b) If additional information is required, the ALUC Secretary shall notify the City of Ukiah within 14 calendar days of the date of receiving the referral. (c) If the ALUC fails to make a determination within the 60-day period, the proposed Land Use Action shall be deemed consistent with the UKIALUCP. (d) The 60-day review period may be extended if the referring Local Agency or Project applicant agrees in writing or so states at an ALUC public hearing on the Land Use Action. (e) Regardless of ALUC action or failure to act, the proposed Land Use Action must comply with other applicable local, state, and federal regulations and laws. (f) The referring Local Agency shall be notified of the ALUC’s determination in writing. 2.3. Review Process for Major Land Use Actions 2.3.1. Required Submittal Information: A proposed Major Land Use Action referred for ALUC review and formal consistency determination shall include the following information to the extent applicable: (a) A completed ALUC Review Application as provided in Appendix E of this UKIALUCP. (b) Property location data (assessor’s parcel number, street address, subdivision lot number). (c) An accurately scaled map depicting the Project site location in relationship to the Airport boundary and runway. (d) A description of the proposed use(s), current general plan and zoning designations, and the type of approval being sought from the Local Agency (e.g., zoning variance, use permit, building permit). (e) A detailed site plan and supporting data showing: site boundaries and size; existing uses that will remain; location of existing and proposed structures, open spaces, and water 29 Public Utilities Code Section 21676(d). Page 201 of 550 PROCEDURAL POLICIES CHAPTER 2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 2–17 bodies; ground elevations (above mean sea level); and elevations of tops of structures and trees. Additionally: (1) For residential uses, an indication of the potential or proposed number of dwelling units per acre (excluding any accessory dwelling units as defined by state law and local regulations).30 (2) For nonresidential uses, the total floor area for each type of proposed use, the number of auto parking spaces, and, if known, the maximum number of people (employees, visitors/customers) potentially occupying the total site or portions thereof at any one time. (f) Identification of any features, during or following construction, that would increase the attraction of birds or cause other wildlife hazards to aircraft operations at the Airport or in its environs (see Policy 3.6.4). Such features include, but are not limited to, the following: (1) Open water areas. (2) Sediment ponds, retention basins. (3) Detention basins that hold water for more than 48 hours. (4) Artificial wetlands. (g) Identification of any characteristics that could create electrical interference, confusing or bright lights, glare, smoke, or other electrical or visual hazards to aircraft flight. (h) Any environmental document (initial study, draft environmental impact report, etc.) that may have been prepared for the Project if it contains information pertinent to a determination of the Project’s consistency with UKIALUCP criteria (see Policy 2.1.2). (i) Staff reports regarding the Project. 2.3.2. ALUC Secretary Responsibilities: When a Major Land Use Action is referred to the ALUC, the ALUC Secretary shall analyze the Action to evaluate whether significant compatibility issues are evident and do one of the following: (a) If referral of the Action is mandatory, forward the Action and the analysis of it to the ALUC for a formal consistency determination within the timeframe established under Policy 2.3.4. (b) If referral of the Action is voluntary, but the ALUC Secretary’s analysis finds evident conflicts with the UKIALUCP, forward the Action and the analysis to the ALUC for comment. The ALUC’s comments shall be provided in writing to the referring Local Agency within the timeframe set by the Local Agency. (c) If referral of the Action is voluntary and the Action has no apparent conflicts with the UKIALUCP criteria, the ALUC authorizes the ALUC Secretary to notify the applicant of this conclusion and that forwarding the Action to the ALUC for comment or a consistency determination will not be required. The Secretary shall provide the ALUC, at its next regular meeting, a list of all Actions referred but not requiring forwarding to the ALUC. 2.3.3. ALUC Action Choices: 30 Government Code, Section 65852.2. Page 202 of 550 CHAPTER 2 PROCEDURAL POLICIES 2–18 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (a) Regarding Major Land Use Actions for which referral is mandatory in accordance with Policy 1.4.2, the ALUC has three choices of action when making a consistency determination: (1) Find the Major Land Use Action consistent with the UKIALUCP. (2) Find the Major Land Use Action consistent with the UKIALUCP, subject to compliance with such conditions as the ALUC may specify. Any such conditions should be limited in scope and described in a manner that allows compliance to be clearly assessed (e.g., the height of a structure). (3) Find the Major Land Use Action inconsistent with the UKIALUCP. In making a finding of inconsistency, the ALUC shall note the specific conflicts upon which the determination is based. (b) Regarding Major Land Use Actions for which referral is voluntary in accordance with Policy 1.4.3, the ALUC review and comments are advisory. However, the Local Agency should include any such comments in its official record of the final decision on the Action. 2.3.4. Response Time: In responding to Major Land Use Actions referred for review, the policy of the ALUC is that: (a) When a Major Land Use Action is referred for review on a mandatory basis as required by Policy 1.4.2: (1) The date of referral is deemed to be the date on which all applicable information as specified in Policy 2.3.1 and indicated on the ALUC Review Application (Appendix E) is received by the ALUC Secretary and applicable referral fees have been paid. (2) If additional information is required, the ALUC Secretary shall notify the Local Agency within 14 calendar days of the date of receiving the referral. (3) Reviews of Major Land Use Actions forwarded to the ALUC for a consistency determination shall be completed within 60 days of the date of the referral. (4) If the ALUC fails to make a determination within the above time periods, the proposed Major Land Use Action shall be deemed consistent with the UKIALUCP. (b) When a Major Land Use Action is referred on a voluntary basis in accordance with Policy 1.4.3, review by the ALUC Secretary and/or the ALUC should be completed in a timely manner enabling the comments to be considered by decision-making bodies of the referring Local Agency. (c) Regardless of action or failure to act on the part of the ALUC Secretary or the ALUC, the proposed Major Land Use Action must comply with other applicable local, state, and federal laws and regulations. 2.3.5. Subsequent Reviews of Related Major Land Use Actions: Once a Major Land Use Action for which referral to the ALUC was mandatory has been found consistent with the UKIALUCP, it generally need not be referred for review at subsequent stages of the planning process (e.g., for a use permit after a zoning change has been reviewed). However, additional ALUC review is required if any of the following are true: (a) At the time of the original ALUC review, the available information on the proposed Major Land Use Action was only sufficient to determine consistency with compatibility Page 203 of 550 PROCEDURAL POLICIES CHAPTER 2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 2–19 criteria at a planning level of detail, not at a Project design level. For example, the proposed land use designation indicated in a general plan, specific plan, or zoning amendment may have been found consistent, but information on site layout, maximum Intensity limits, building heights, and other such factors that may also affect the consistency determination for a Project may not have yet been known. (b) The design of the Project subsequently changes in a manner that affects previously considered compatibility issues and could raise questions as to the validity of the earlier finding of consistency. Proposed changes warranting a new review include, but are not limited to, the following: (1) For residential uses, any increase in the number of dwelling units to a level exceeding the criteria set forth in this UKIALUCP unless the increase is a development by right; (2) For nonresidential uses, a change in the types of proposed uses, any increase in the total floor area, and/or a change in the allocation of floor area among different types of uses in a manner that could result in an increase in the Intensity of use (more people on the site) to a level exceeding the criteria set forth in this UKIALUCP; (3) Any increase in the height of structures or other design features such that the height limits established herein would be exceeded or exceeded by a greater amount; (4) Major site design changes (such as incorporation of clustering or modifications to the configuration of open land areas proposed for the site) if site design was a factor in the initial review of the Project; (5) Any significant change to a proposed Project for which a special exception was granted in accordance with Policy 3.8.2; (6) Any new design features that would create visual hazards (e.g., certain types of lights, sources of glare, and sources of dust, steam, or smoke); (7) Any new equipment or features that would create electronic hazards or cause interference with aircraft communications or navigation; and/or (8) Addition of features that could attract wildlife that is potentially haza rdous to aircraft operations. (c) At the time of original ALUC review, conditions were placed on the Major Land Use Action that require subsequent ALUC review. (d) The Local Agency requests further ALUC review. 2.4. Review Process for Airport Development Actions 2.4.1. Required Submittal Information for Airport Development Actions: An airport master plan or other development plan31 for Ukiah Municipal Airport referred to the ALUC for review in accordance with Policy 1.4.4 shall contain sufficient information to enable the ALUC to adequately assess the noise, safety, airspace protection, and overflight impacts of the facility’s activity upon surrounding land uses. 31 As defined by Public Utilities Code Section 21664.5(b). Page 204 of 550 CHAPTER 2 PROCEDURAL POLICIES 2–20 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (a) When a new or amended master plan is the subject of the ALUC review, the noise, safety, airspace protection, and overflight impacts should be addressed in the plan report and/or in an accompanying environmental document. Proposed changes in Airport facilities and usage that could have land use compatibility implications should be noted. (b) For other Airport Development Actions, the relationship to a previously adopted master plan or other approved plan for the Airport should be indicated—specifically, whether the proposed development implements an adopted/approved plan or represents an addition or change to any such previous plan. Any environmental document prepared for the Airport Development Action should be included in the submittal. (c) For either airport master plans or other airport development plans, the following specific information should be included to the extent applicable: (1) A layout plan drawing of the proposed facility or improvements showing the location of: ▪ Property boundaries; ▪ Runways or helicopter takeoff and landing areas; ▪ Runway or helipad protection zones; and ▪ Aircraft or helicopter approach/departure flight routes. (2) A revised map of the Airspace Protection Surfaces as defined by 14 CFR Part 77 if the proposal would result in changes to these surfaces. A map reflecting the current and future configurations of the Airspace Protection Surfaces for the Airport is included as Map 3B, Airspace Protection Zones, in Chapter 3. (3) Updated activity forecasts, including the number of operations by each type of aircraft proposed to use the facility, the percentage of day versus night operations, and the distribution of takeoffs and landings for each runway direction. The effects of the proposed development on the forecast Airport usage indicated in Chapter 4 of this UKIALUCP should be described. (4) Proposed flight track locations and projected noise contours. Differences from the flight track data and noise contours presented in Chapter 4 of this UKIALUCP should be described. (5) A map showing existing and planned land uses in the areas affected by aircraft activity associated with implementation of the proposed master plan or other development plan. (6) Any environmental document (initial study, draft environmental impact report, etc.) that may have been prepared for the plan. (7) Identification and proposed mitigation of impacts on surrounding land uses to the extent that those impacts would be greater than indicated by the compatibility factors depicted in the Airport exhibits presented in Chapter 4. 2.4.2. ALUC Action Choices for Ukiah Municipal Airport Plans: When reviewing a proposed new or revised airport master plan or new development plans for the Airport, the ALUC has three options (see Section 3.9 for policies pertaining to the substance of the ALUC review of plans for the Airport): (a) Find the Airport plan consistent with the UKIALUCP. Page 205 of 550 PROCEDURAL POLICIES CHAPTER 2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 2–21 (b) Find the Airport plan consistent with the UKIALUCP with the condition that the UKIALUCP will be modified to reflect the assumptions and proposals of the Airport plan. (c) Find the Airport plan inconsistent with the UKIALUCP. In making a finding of inconsistency, the ALUC shall note the specific conflicts upon which the determination is based. 2.4.3. Response Time: The ALUC must respond to the referral of an airport master plan or other development plan within 60 days from the date of referral.32 (a) The date of referral is deemed to be the date on which all applicable information as specified in Policy 2.4.1 is received by the ALUC Secretary and applicable referral fees have been paid. (b) If additional information is required, the ALUC Secretary shall notify the City of Ukiah within 14 calendar days of the date of receiving the referral. (c) If the ALUC fails to make a determination within the specified period, the proposed Airport Development Action shall be deemed consistent with the UKIALUCP. (d) Regardless of ALUC action or failure to act, the proposed Airport Development Action must comply with other applicable local, state, and federal regulations and laws. (e) The City of Ukiah shall be notified of the ALUC’s action in writing. 2.5. Process for Overruling the ALUC 2.5.1. ALUC Determination of “Inconsistent”: If the ALUC determines that a proposed Land Use Action or Airport Development Action is inconsistent with this UKIALUCP, the ALUC must notify the Local Agency and shall indicate the reasons for the inconsistency determination. 2.5.2. Overruling of ALUC by Local Agency: (a) If a Local Agency wishes to proceed with a proposed Land Use Action or Airport Development Action that the ALUC has determined to be inconsistent with the UKIALUCP, or if the Local Agency wishes to ignore a condition for consistency, the Local Agency must Overrule the ALUC determination in accordance with the provisions of state law.33 (b) The overruling process applies only to formal consistency determinations made by the ALUC on Land Use Actions or Airport Development Actions for which referral to the ALUC is mandatory. (c) Because ALUC review of Land Use Actions referred on a voluntary basis in accordance with Policy 1.4.3 do not represent formal consistency determinations, as is the case with Actions referred under Policies 1.4.1 or 1.4.2, Local Agencies are not required to adhere to the Overruling process if they elect to approve the Project without incorporating design changes or conditions recommended by the ALUC. Similarly, the Overruling process 32 Public Utilities Code Section 21676(d). 33 See Public Utilities Code Section 21670(a), 21676 and 21676.5 for specific procedures for overruling the ALUC. Further guidance is provided in the California Airport Land Use Handbook published by the California Division of Aeronautics (see beginning on page 5-15 of the 2011 edition). Chapter 1 of this UKIALUCP also summarizes the overrule process to be followed by a Local Agency. Page 206 of 550 CHAPTER 2 PROCEDURAL POLICIES 2–22 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) does not apply to any comments by the ALUC Secretary in conjunction with policy compliance assessment done under Policy 2.3.2(b). 2.5.3. ALUC Comments on Proposed Overruling: The ALUC should provide comments on the proposed Overruling decision so that it is part of the Local Agency’s record of decision. If the ALUC chooses to comment, it must do so within 30 days of receiving the proposed decision and findings.34 34 Public Utilities Code Sections 21676(a), (b), and (c) and 21676.5(a). Page 207 of 550 MENDOCINO COUNTY AIRPORT LAND USE COMMISSION CHAPTER 3 COMPATIBILITY POLICIES Airport Land Use Compatibility Plan Page 208 of 550 Page 209 of 550 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–1 Compatibility Policies C OMPATIBILITY C RITERIA FOR L AND U SE A CTIONS 3.1. Evaluating General Plans, Specific Plans, Zoning Ordinances, and Building Regulations 3.1.1. Statutory Requirement: State law requires each Local Agency having territory within an Airport Influence Area to modify its general plan and any applicable specific plan to be consistent with the airport land use compatibility plan for the particular airport unless it takes the steps required to Overrule the ALUC. In order for a general plan to be considered consistent with this UKIALUCP, the following must be accomplished:35 3.1.2. Elimination of Conflicts: No direct conflicts can exist between the two plans. (a) Direct conflicts primarily involve general plan land use designations that do not meet the Density or Intensity criteria specified in Table 3A, Basic Compatibility. In addition, conflicts with regard to other policies—height limitations in particular—may exist. (1) However, a general plan cannot be found inconsistent with the UKIALUCP because of land use designations that reflect Existing Land Uses even if those designations conflict with the compatibility criteria of this UKIALUCP. General plan land use designations that merely echo the Existing Land Uses are exempt from requirements for general plan consistency with the UKIALUCP.36 (2) On the other hand, proposed Redevelopment or other changes to Existing Land Uses are not exempt from compliance with this UKIALUCP and are subject to ALUC review in accordance with Policies 1.5.3(d) and 1.4.5(b)(9). To ensure that Nonconforming Uses do not become more nonconforming, general plans or implementing documents must include policies setting limitations on expansion and Reconstruction of Nonconforming Uses located within the Airport Influence Area consistent with Policies 3.3.1 and 3.3.4. 35 See Chapter 1 and Appendix F for additional guidance. 36 This exemption derives from state law which proscribes ALUC authority over Existing Land Uses. Page 210 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (b) To be consistent with the UKIALUCP, a general plan and/or implementing ordinance also must include provisions ensuring long-term compliance with the compatibility criteria. For example, future reuse of a building must not result in a usage Intensity that exceeds the applicable standard or other limit approved by the ALUC (see Policy 3.5.4). 3.1.3. Establishment of Review Process: Local Agencies must define the process they will follow when reviewing proposed Projects within the Airport Influence Area to ensure that Projects will be consistent with the policies set forth in this UKIALUCP. (a) The process established must ensure that the proposed Project is consistent with the land use or zoning designation indicated in the Local Agency’s general plan, specific plan, zoning ordinance, and/or other development regulations that the ALUC has previously found consistent with this UKIALUCP and that the Project’s subsequent use or reuse will remain consistent with the policies herein over time. Additionally, consistency with other applicable compatibility criteria—e.g., usage Intensity, height limitations, Avigation Easement dedication—must be assessed. (b) Local Agencies have the following choices for satisfying this review process requirement: (1) Sufficient detail can be included in the general plan or specific plan(s), referenced implementing ordinances and regulations, and/or internal Project review procedures to enable the Local Agency to assess whether a proposed Project fully meets the compatibility criteria specified in this UKIALUCP (this means both that the compatibility criteria be identified and that Project review procedures be described); (2) The UKIALUCP can be adopted by reference (in this case, the Project review procedure must be described in a separate policy document or memorandum of understanding presented to and approved by the ALUC); and/or (3) The general plan can indicate that all Land Use Actions, or a list of Land Use Action types agreed to by the ALUC, shall be submitted to the ALUC for review in accordance with the policies of Section 1.4. 3.1.4. Land Use Conversion: The compatibility of uses in the Airport Influence Area shall be preserved to the maximum feasible extent. Particular emphasis should be placed on preservation of existing agricultural and open space uses. (a) The conversion of land from existing or planned agricultural use to residential uses within Compatibility Zones 1 through 5 is strongly discouraged. (b) In Compatibility Zone 2, general plan amendments (as well as other discretionary actions such as rezoning, subdivision approvals, use permits, etc.) that would convert land to residential use or increase the density of residential uses should be subject to careful consideration of overflight impacts. 3.2. Evaluating Proposed Land Use Projects 3.2.1. Basis for Determining Project Consistency with UKIALUCP: The determination of consistency between Projects proposed for locations with the Ukiah Municipal Airport Influence Area and the policies of this UKIALUCP shall be based upon: (a) The compatibility criteria set forth in the Basic Compatibility Criteria table (Table 3A), as described in Policy 3.2.2. (b) The Compatibility Policy Map for the Ukiah Municipal Airport (Map 3A). Page 211 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–3 (c) The Airspace Protection Zones provided for Ukiah Municipal Airport (Map 3B). (d) The criteria for special circumstances set forth in Section 3.3. (e) The supporting compatibility criteria for individual compatibility factors when necessary in accordance with Policy 3.2.4. 3.2.2. Basic Land Use Compatibility Criteria: The compatibility evaluations presented in Table 3A serve as the primary tool for determining whether a proposed Project is to be judged consistent with the UKIALUCP. (a) Table 3A lists general land use categories and indicates each use as being either “Normally Compatible,” “Conditional,” or “Incompatible” depending upon the Compatibility Zone or Zones in which it is located. The individual evaluations in the cells of the table are based upon the Density, Intensity, and Open Land criteria shown in the table header, and the ability of a typical Project in a particular land use category to meet all criteria. The evaluation terms are defined to mean the following: (1) “Normally Compatible” means that normal examples of the land use are presumed to comply with the noise, safety, airspace protection, and overflight criteria set forth in this Chapter. Atypical or complex Projects with this determination may nevertheless require more detailed evaluation using the criteria for special circumstances outlined in Section 3.3 and the specific noise, safety, airspace protection, and overflight compatibility policies set forth in Sections 3.4 through 3.7. (2) “Conditional” means that the proposed land use is compatible if the indicated usage Intensity, open land, and other listed conditions are met. Complex Projects with this determination may nevertheless require more detailed evaluation using the criteria for special circumstances outlined in Section 3.3 and the specific noise, safety, airspace protection, and overflight compatibility policies set forth in Sections 3.4 through 3.7. For the purposes of these criteria, “avoid” is intended as cautionary guidance, not a prohibition of the use. (3) “Incompatible” means that the land use should not be permitted under any normal circumstances. Limited exceptions are possible for site-specific special circumstances. See Section 3.8. (b) Land use types not specifically listed in the Table 3A shall be evaluated using the criteria for similar listed uses. The Occupancy Load Factor (square feet per person) listed for many nonresidential uses can be used as a comparative guide in this regard. In all cases, proposed nonresidential uses must meet the Intensity criteria listed in the table header. (c) Multiple land use categories and the compatibility criteria associated with them may apply to a Project. Mixed-use developments shall be evaluated in accordance with Policy 3.2.7. 3.2.3. Compatibility Policy Map: The Compatibility Zones depicted in the Compatibility Policy Map (Map 3A) for the Ukiah Municipal Airport takes into account all four compatibility concerns in a composite manner—noise, safety, airspace protection, and overflight. (a) Table 3B Compatibility Factors, identifies the general contributions of noise, safety, airspace protection, and overflight factors to the delineation of each of the Compatibility Zones. The table also describes the specific aeronautical and geographic considerations used in creation of the Compatibility Policy Map. Page 212 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (b) The Compatibility Policy Map gives special consideration to the Density of existing residential development in the Compatibility Zone 3 and 4 areas north and west of the Airport compared to locations elsewhere in the Airport Influence Area by designating an Urban Overlay Zone. The residential Density compatibility criteria in Table 3A for locations within the Urban Overlay Zone reflect the existing development pattern. This Density is higher than for other locations with comparable proximity to the runway. (c) The Compatibility Policy Map also includes a Compatibility Zone 1* that extends the length of Compatibility Zone 1 at each end of the runway. The intent of Zone 1* is to help preserve the option for ultimate extension of the runway to 5,000 feet to accommodate CalFire Lockheed C-130 fire attack aircraft. The compatibility criteria for Zone 1* match those of Zone A* in the 1996 ACLUP for Ukiah Municipal Airport and are listed in Table 3A. (d) The individual compatibility factors can be used to help assess how heavily each factor should be weighed when evaluating proposed Projects in a particular Compatibility Zone. It also can serve to suggest what types of modifications to the Project might make the proposal acceptable given the Project’s degree of sensitivity to a particular compatibility factor (for example, knowing that a Noise-Sensitive Land Use is in a high-noise area may indicate a need for sound attenuation in the structure, whereas a Land Use of Special Concern in a high-risk area may need to be altered to reduce the number of people present). 3.2.4. Function of Supporting Criteria: Table 3A, Basic Compatibility Criteria, represents a compilation of compatibility criteria associated with each of the four types of airport impacts listed in Policy 1.3.1 and described in Sections 3.4 through 3.7. For the purposes of reviewing proposed amendments to general plans, specific plans, zoning ordinances, and building regulations, as well as in the review of most individual Project proposals, the criteria in Table 3A are anticipated to suffice. However, certain complex Land Use Actions may require more intensive review. The ALUC may refer to the supporting criteria, as listed in Sections 3.4 through 3.8 to clarify or supplement its review of such Land Use Actions. 3.2.5. Residential Development: The following criteria shall be applied to the evaluation of the compatibility of proposed residential Land Use Actions. (a) Any subdivision of land for residential uses within Compatibility Zones 2 through 5 shall not result in an average or single-acre Density greater than that indicated in Table 3A and Policy 3.5.1. A Project site may include multiple parcels. (b) Other development conditions as also listed in Table 3A apply to sites within certain Compatibility Zones. (c) See Policy 1.5.4 for exceptions regarding existing parcels, accessory dwelling units, and other development by right. 3.2.6. Nonresidential Development: The usage Intensity (people per acre) limits indicated in Table 3A for each Compatibility Zone are the fundamental criteria against which the safety compatibility of most proposed nonresidential Land Use Actions shall be measured. Table 3A sets usage Intensity (people/acre) limits measured with respect to both a Project site as a whole and any single acre within the site. Proposed Projects must comply with both limits. See Policy 3.5.3 for guidance on calculating usage Intensities. Additional criteria listed in Table 3A shall also apply. (a) The total number of people permitted on a Project site at any time, except for Rare Special Events (see Policy 3.8.1), must not exceed the indicated usage Intensity times the total Page 213 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–5 acreage of the site. Usage Intensity calculations shall include all people (e.g. employees, customers/visitors, etc.) who may be on the property at any single point in time during typical peak-period usage, whether indoors or outside. (b) No single acre of a Project site shall exceed the number of people per acre listed in Table 3A and calculated in accordance with Policy 3.5.3. For Project sites less than 1.0 acre, the occupancy limit is proportionate to the number allowed in an entire single acre (for example, if the Intensity limit for a single acre is 300 people, then a 0.5-acre site could have up to 150 people). (c) The noise exposure limitations cited in Policy 3.4.1 shall be the basis for assessing the acceptability of proposed nonresidential land uses relative to noise impacts. The ability of buildings to satisfy the interior noise level criteria noted in Policy 3.4.2 shall also be considered. 3.2.7. Mixed-Use Development: Projects involving a mixture of residential and nonresidential uses shall be evaluated as follows: (a) Where the residential and nonresidential uses are proposed to be situated on separate parts of the Project site, the residential and nonresidential components shall be evaluated as separate developments. Each component of the Project must meet the criteria for the respective land use category in Table 3A. Specifically, the residential Density shall be calculated with respect to the area(s) to be devoted to residential land uses and the nonresidential Intensity calculated with respect to the area(s) proposed for nonresidential uses. This provision means that the residential Density cannot be averaged over the entire Project site when nonresidential uses will occupy some of the area. The same limitation applies in reverse—that is, the nonresidential Intensity cannot be averaged over an area that includes residential uses. (b) Mixed-use Projects in which residential uses are proposed to be located in conjunction with nonresidential uses in the same or nearby buildings on the same site must meet both the residential Density and nonresidential Intensity criteria of each land use category proposed to be included in the Project. However, mixed-use Projects in which the residential uses are proposed to comprise less than 50% of the total floor area of an individual building, need not comply with the applicable residential Density limits. (1) Regardless of the amount of residential use in the Project, for the purposes of compliance with usage Intensity criteria in Table 3A, the normal occupancy of the residential component shall be added to that of the nonresidential component and the total occupancy shall be evaluated with respect to the nonresidential usage Intensity criteria cited in Table 3A. The ALUC may make exceptions to this provision if the residential and nonresidential components of the Project would clearly not be simultaneously occupied to their maximum Intensities. (2) Paragraph (b) of this policy is intended for dense, urban-type land use Projects where the resultant ambient noise levels are relatively high. See Paragraph (a) for Projects in which the residential component is isolated from the nonresidential uses of the site. (c) Noise attenuation and other requirements that may be specifically relevant to residential uses shall apply to mixed-use Projects containing residences. Page 214 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–6 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (d) Residential uses in a mixed-use development shall not be allowed where the residential component would be situated in a Compatibility Zone where residential development is indicated as “Incompatible” in Table 3A. 3.2.8. Other Development Conditions: All types of proposed Projects shall be required to meet the additional conditions listed in Table 3A for the Compatibility Zone where the Project is to be located. Among these conditions are the following: (a) Avigation Easement Dedication: Dedication of an Avigation Easement is required for Projects in parts of the Airport Influence Area, primarily areas closest to the runways. See Policy 3.3.6. (b) Recorded Overflight Notification: Recording of an Overflight Notification is required as a condition for approval of new residential or nonresidential Project in Compatibility Zone 6. See Policy 3.7.1. (c) Airport Proximity Disclosure: Airport Proximity Disclosure is required in conjunction with certain real estate transactions involving property within the Airport Influence Area. See Policy 3.7.2. (d) Noise Level Reduction: Special features may be necessary to reduce interior noise levels for some types of new construction near the Airport. See Policy 3.4.2. (e) Airspace Review: Proposals for tall buildings, antennas, and other tall objects near the runway ends or on high terrain may require ALUC review. See Policy 3.6.1. 3.3. Criteria for Special Circumstances 3.3.1. Sites Split by Two or More Compatibility Zones: For the purposes of evaluating consistency with the compatibility criteria in Table 3A, Basic Compatibility Criteria, a Project shall be evaluated as follows: (a) Any Project site that is split by Compatibility Zone boundaries shall be considered as if it were multiple sites divided at the Compatibility Zone boundary line. See Exhibit 1 for example. (b) The criteria for each Compatibility Zone within which portions of the site are located shall apply to the proposed building(s) or areas of outdoor congregation of people within that portion. Page 215 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–7 3.3.2. Transferring Usage Intensity: When a Project site is split by a Compatibility Zone, modification of the site plan so as to transfer the allowed Density of residential development or Intensity of nonresidential development from the more restricted portion to the less restricted portion is encouraged. The purpose of this policy is to move people outside of the higher-risk zones. (a) This full or partial reallocation of Density or Intensity is permitted even if the resulting Intensity in the less restricted area would then exceed the sitewide average Density or Intensity limits that apply within that Compatibility Zone (see Exhibit 2). (b) The single-acre Intensity criterion for the zone to which the use is transferred must still be satisfied. 3.3.3. Existing Nonconforming Uses: Proposed changes to Existing Nonconforming Uses (including a parcel or building) that are not in conformance with the criteria in this UKIALUCP shall be limited as follows: Exhibit 2: Transferring Usage Intensity An example of transferring usage Intensity to the less re- strictive compatibility zone is provided below. Project Site Zone 2: 4.0 acres Zone 3: 1.0 acre Allowable Total Occupancy Zone 2: 60 people/acre * 2.0 acres = 120 people Zone 3: 100 people/acre * 1.0 acre = 100 people Total Allowed on Site: 260 people Total Allowed on Single Acre in 3: 300 people Transfer People from Zone 2 to Zone 3 Zone 2: 0 people Zone 3: 260 people * 260 people in 1.0 acre exceeds the average 100 peo- ple/acre limit for Zone 3, but is allowable under usage Intensity transfer policy as it does not exceed the sin- gle-acre Intensity limit of 300 people. Exhibit 1: Split by Compatibility Zones In this example, the restaurant and office uses are split between Compatibility Zones 2 and 3. When determining compliance with the Zone 2 Intensity limits, only the por- tions of the uses in Zone 2, together with the retail use that is fully in Zone 2 are considered. The size of the site in Zone 2 is 3.5 acres. Compatibility Zone 2 Retail: 50,000 s.f. = 294 people 170 s.f. per person Restaurant: 50% of 18,000 s.f. = 150 people 60 s.f. per person Office: 50% of 24,000 s.f. = 56 people 215 s.f. per person Total Occupancy = 500 people Intensity: 500 people = 143 people/acre* 3.5 acres * Would exceed Zone 2 sitewide average limit of 60 people/acre and would be deemed inconsistent. Compatibility Zone 3 A similar analysis is required for the uses in Zone 3. Zo n e 2 Zo n e 3 Page 216 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–8 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (a) Residential uses. (1) A Nonconforming residential land use may be continued, sold, leased, or rented without restriction and is not subject to this UKIALUCP or ALUC review. (2) A Nonconforming single-family dwelling may be maintained, remodeled, reconstructed (see Policy 3.3.4), or expanded in size. The lot line of an existing single-family residential parcel may be adjusted. Also, a new single-family residence may be constructed on an existing lot in accordance with Policy 1.5.4 (Development by Right). However: ▪ Any remodeling, Reconstruction, or expansion must not increase the number of dwelling units (excluding accessory dwelling units as defined by state law and Local Agency ordinances).37 For example, a bedroom could be added to an existing residence, but an additional dwelling unit could not be built on the parcel unless that unit is an accessory dwelling unit. ▪ Any increase in height must comply with the policies in Section 3.6 (Airspace Protection Compatibility Policies). ▪ A single-family residential parcel may not be divided for the purpose of allowing additional dwellings to be constructed. (3) Nonconforming multi-family residential dwellings may be maintained, remodeled, or reconstructed (see Policy 3.3.4(a)). The size of individual dwelling units may be increased, but additional dwelling units may not be added. (4) The Avigation Easement dedication and sound attenuation requirements set by Policies 3.3.6 and 3.4.2 shall apply. (b) Nonresidential uses (other than children’s schools): (1) A Nonconforming nonresidential use may be continued, sold, leased, or rented without restriction or ALUC review provided that no discretionary Local Agency approval (such as a conditional use permit) is required. (2) Nonconforming nonresidential facilities may be maintained, altered, or, if required by state law, reconstructed (see Policy 3.3.4). However, any such work: ▪ Must not result in expansion of either the portion of the site devoted to the Nonconforming Use or the floor area of the buildings; and ▪ Must not result in an increase in the usage Intensity (people per acre) above the levels existing at the time of adoption of this UKIALUCP. ▪ Must not increase the storage or use of hazardous materials. (3) The Avigation Easement dedication and sound attenuation requirements set by Policies 3.3.6 and 3.4.2 shall apply. (c) Children’s schools (including grades K-12, day care centers with more than 14 children, and school libraries): (1) Land acquisition for new schools or expansion of existing school sites is not permitted in Compatibility Zones 1 through 5. (2) Replacement or expansion of buildings at existing schools is not allowed in Compatibility Zones 1 and 2. In Zones 3 through 5, a one-time expansion accommodating no more than 50 students is permitted. This limitation does not preclude work required for normal maintenance or repair. 37 Government Code, Section 65852.2. Page 217 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–9 (3) The Avigation Easement dedication and sound attenuation requirements set by Policies 3.3.6 and 3.4.2 shall apply. 3.3.4. Reconstruction: An Existing Nonconforming building or land use that has been fully or partially destroyed as the result of a calamity or natural catastrophe, and would not otherwise be reconstructed but for such event, may be rebuilt only under the following conditions:38 (a) Single-family or multi-family residential Nonconforming Uses may be rebuilt provided that the Reconstruction does not result in more dwelling units than existed on the parcel at the time of the damage. Addition of an accessory dwelling unit to a single-family residence is permitted if in accordance with state law and local regulations.39 Additional dwelling units in a multi-family residential development are also permitted if the additional units are allowed by right under local regulations. (b) Nonconforming nonresidential improvements may be rebuilt, even if completely destroyed, provided that the reconstruction does not increase the floor area of the previous structure or result in an increased intensity of use (i.e., more people per acre). (c) Reconstruction under Paragraphs (a) or (b) above: (1) Must have a permit deemed complete by the Local Agency within the time frame established by that agency. (2) Shall incorporate sound attenuation features to the extent required by Policy 3.4.2. (3) Shall require dedication of an Avigation Easement to the City of Ukiah if required under Policy 3.3.6. (4) Shall record an Overflight Notification in the chain of title of the property if required by Policy 3.7.1. (5) Shall comply with 14 CFR Part 77 Airspace Protection Surface requirements (see Section 3.6). (d) Reconstruction in accordance with Paragraphs (a), (b), and (c) above shall not be permitted in Compatibility Zone 1 or where it would be in conflict (not in conformance) with the general plan or zoning ordinance of the Local Agency. (e) Nothing in the above policies is intended to preclude work required for normal maintenance and repair. 3.3.5. Infill: Where land uses not in conformance with the criteria set forth in this UKIALUCP exist at the time of the plan’s adoption, Infill development of similar land uses may nevertheless be allowed to occur in that area even if the proposed land use is otherwise incompatible with respect to the compatibility criteria for that location. (a) Infill nonresidential development is allowed in all Compatibility Zones except Compatibility Zone 1 but is discouraged in Compatibility Zone 2. (b) Infill is not applicable to residential development. Increased Density is enabled through use of the Urban Overlay Zone assigned to Zones 3 and 4 north and west of the Airport. See Policy 3.2.3(b) for details. (c) To qualify as Infill nonresidential development, a project site must either: 38 Reconstruction differs from Redevelopment (see Policy 1.2.35 for definition) that is subject to the provisions of this UKIALUCP. 39 Government Code, Section 65852.2. Page 218 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–10 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (1) Be part of a cohesive area, defined by the Local Agency and approved by the ALUC, within which at least 65% of the uses were developed prior to the UKIALUCP adoption with uses not in conformance with the UKIALUCP; or (2) Meet all of the following conditions: ▪ Already be served with streets, water, sewer, and other infrastructure; ▪ Have at least 65% of the site’s perimeter (disregarding roads) bounded by existing uses similar to, or more intensive than, those proposed; ▪ Be no larger than 20 acres; ▪ Not extend the perimeter of the Infill area defined by the surrounding, already developed, incompatible uses; ▪ Cannot previously have been set aside as open land in accordance with Policy 3.5.6 unless replacement open land is provided within the same Compatibility Zone; and ▪ Must be consistent with the Local Agency’s zoning regulations governing the existing, already developed, surrounding area. (d) In locations that qualify as nonresidential Infill under Paragraph (c) above, the average usage Intensity (the number of people per acre) of the site’s proposed use shall not exceed the lesser of: ▪ The median Intensity of all existing nonresidential uses that lie fully or partially within a distance of 300 feet from the boundary of the defined Infill area; or ▪ Double the average sitewide Intensity permitted in accordance with the criteria for that location as indicated in Table 3A. (e) The single-acre Intensity limits for nonresidential development described listed in Table 3A are applicable to Infill development. Also, Avigation Easement dedication and sound attenuation requirements set by Policies 3.3.6 and 3.4.2 shall apply to Infill development. (f) The preference of this policy is that all parcels eligible for Infill nonresidential development be identified at one time by the Local Agency. (1) The Local Agency is responsible for identifying, in its general plan or other adopted planning document approved by the ALUC, the qualifying locations that lie within that agency’s boundaries. This action may take place in conjunction with the process of amending a general plan for consistency with the ALUC plan or may be submitted by the Local Agency for consideration by the ALUC at the time of initial adoption of this UKIALUCP. (2) If a map identifying locations suitable for Infill has not been submitted by the Local Agency and approved by the ALUC or the site of an individual Project proposal does not fall within the identified Infill area, the ALUC may evaluate the Project when referred for review under Policy 1.4.2 to determine whether it would meet the qualifying conditions listed in Paragraph (c) plus the applicable provisions in Paragraphs (d) and (e) of this policy. (3) In either case, the burden for demonstrating that an area or an individual site qualifies as Infill rests with the affected Local Agency and/or Project proponent and is not the responsibility of the ALUC. Example: If the zone allows an average sitewide Intensity of 100 people per acre and the median Intensity of nearby existing uses is 150 people per acre, the Infill development would be limited to 150 people per acre rather than 200. Page 219 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–11 3.3.6. Avigation Easement Dedication: As a condition for approval of Projects that are subject to the review provisions of this UKIALUCP and that meet the conditions in Paragraphs (a) and (b) of this policy, the property owner shall be required to dedicate an Avigation Easement to the City of Ukiah as owner of the Ukiah Municipal Airport. (a) Avigation Easement dedication is required for all off-airport Projects situated on a site that lies completely or partially within any of the following portions of the Airport Influence Area: (1) Within Compatibility Zones 1 through 5. (2) Within the Airspace Critical Protection Zone as defined in Policy 3.6.1(c). (3) Within the Airspace High Terrain Zone as defined by Policy 3.6.1(d). (b) Avigation Easement dedication shall be required for any proposed Project, including Infill development, for which discretionary Local Agency approval is required. Avigation Easement dedication is not required for ministerial approvals such as building permits or Land Use Actions associated with modification of existing single-family residences. (c) The Avigation Easement shall: (1) Provide the right of flight in the airspace above the property; (2) Allow the generation of noise and other impacts associated with aircraft overflight; (3) Restrict the height of structures, trees, and other objects in accordance with the policies in Section 3.6 and the Airspace Protection Zones (Map 3B); (4) Permit access to the property for the removal or aeronautical marking of objects exceeding the established height limit; and (5) Prohibit electrical interference, glare, and other potential hazards to flight from being created on the property. (d) An example of an Avigation Easement is provided in Appendix G. 3.4. Noise Compatibility Policies NOISE COMPATIBILITY POLICIES BACKGROUND INFORMATION The following Noise Compatibility Policies Background Information has been considered in formulating the noise compatibility criteria in this section. However, it is provided for informational purposes only and does not itself constitute UKIALUCP policy. For additional discussion of noise compatibility concepts, see Appendix C. Policy Objective The purpose of noise compatibility policies is to avoid establishment of Noise-Sensitive Land Uses in the portions of the airport environs that are exposed to significant levels of aircraft noise. Measures of Noise Exposure As is standard practice in California, this UKIALUCP uses the Community Noise Equivalent Level (CNEL) metric as the primary basis for evaluating the degree to which lands around the airport are exposed to airport-related noise. CNEL is a cumulative noise metric in that it takes into account not just the loudness of individual noise events, but also the number of events over time. Cumulative exposure to aircraft noise is depicted by a set of contours, each of which represents points having the same CNEL value. The noise contours for Ukiah Municipal Airport are presented in Chapter 4 of this UKIALUCP and reflect the airport activity levels in Exhibit 4-3. The noise contours in Exhibit 4-4 represent the greatest annualized noise impact, measured in terms of CNEL, which is anticipated to be generated by the aircraft operating at the airport over the planning time frame. Map 4-4 also depicts the Cal Fire aircraft noise contours for a typical fire event day. Page 220 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–12 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Factors Considered in Setting Noise Compatibility Policies Factors considered in setting the policies in this section include the following: ▪ Established state regulations and guidelines, including noise compatibility recommendations in the California Airport Land Use Planning Handbook (2011). ▪ Ambient noise levels in the community, as well as noise from other transportation noise sour ces. Ambient noise levels influence the potential intrusiveness of aircraft noise upon a particular land use and vary greatly between rural, suburban, and urban communities. ▪ The extent to which noise would intrude upon and interrupt the activity associated with a particular use. Susceptibility to speech interference or sleep disturbance as a result of single -event noise levels is a factor in this regard. Noise levels above approximately 65 dBA are sufficient to cause speech interference. Highly Noise- Sensitive Land Uses include residences, schools, libraries, and outdoor theaters. ▪ The extent to which the land use activity itself generates noise. ▪ The extent of outdoor activity, particularly noise-sensitive activities, associated with a particular land use. ▪ The extent to which indoor uses associated with a particular land use may be made compatible with application of sound attenuation. (Typical new building construction provides sufficient insulation to attenuate outdoor-to- indoor noise by at least 20 dB.) 3.4.1. Maximum Acceptable Exterior Noise Exposure: To minimize Noise-Sensitive development in noisy areas around the Airport, proposed Land Use Actions shall comply with the following. (1) The maximum CNEL considered normally acceptable for residential uses in the vicinity of the Airport is 60 dB. The CNEL 60 dB contour depicting the Cal Fire Attack Aircraft Typical Fire-Event Day (Exhibit 4-4) is one of the factors considered in establishing the Compatibility Zone boundaries and residential Density criteria. (2) Except as allowed by right in accordance with Policy 1.5.4, the maximum average and single-acre Density of residential uses in Compatibility Zones 2 through 5 shall be as indicated in Table 3A, Basic Compatibility Criteria, and Policy 3.5.1. (b) New nonresidential development shall be deemed incompatible in locations where the airport-related noise exposure would be highly disruptive to the specific land use. (1) Highly Noise-Sensitive Land Uses are flagged with a symbol () in Table 3A, Basic Compatibility Criteria. (2) Caution must be exercised with regard to approval of outdoor uses—the potential for aircraft noise to disrupt the activity shall be taken into account. (3) Uses that are primarily indoor are acceptable if sound attenuation is provided in accordance with Policy 3.4.2 and as noted in Table 3A. 3.4.2. Maximum Acceptable Interior Noise Levels: To minimize disruption of indoor activities by aircraft noise, new structures within Compatibility Zones 2 through 5 shall incorporate sound attenuation design features sufficient to meet the interior noise level criteria specified by this policy. All future structures outside of these Compatibility Zones are presumed to meet the interior noise level requirement with no special added construction techniques.40 (a) For the following land uses, the aircraft-related interior noise level shall be no greater than CNEL 45 dB. 40 A typical mobile home has an exterior-to-interior noise level reduction (NLR) of at least 15 dB with windows closed. Wood frame buildings constructed to meet current standards for energy efficiency typically have an NLR of at least 20 dB with windows closed. Page 221 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–13 (1) Any habitable room of single or multi-family residences (including family day care homes with 14 or fewer children); (2) Hotels, motels, and other long-term and short-term lodging; (3) Hospitals, nursing homes and other congregate care facilities; (4) Places of worship, meeting halls, theaters, and mortuaries; and (5) Schools, libraries, and museums. (b) When structures are part of a proposed Land Use Action, evidence that the structures will be designed to comply with the criteria in Paragraph (a) of this Policy shall be submitted to the involved Local Agency as part of the building permit process. The calculations should assume that windows are closed. The ALUC also may request this information if it is necessary for making a consistency determination; however, the Local Agency shall be responsible for assuring compliance. (c) Exceptions to the interior noise level criteria in Paragraphs (a) and (b) of this policy may be allowed where evidence is provided that the indoor noise generated by the use itself exceeds the listed criteria. 3.4.3. Noise-Sensitive Land Uses: Single-event noise levels should be considered when evaluating the compatibility of highly Noise-Sensitive Land Uses such as residences, schools, libraries, and outdoor theaters (see Policy 1.2.26). Susceptibility to speech interference and sleep disturbance are among the factors that make certain land uses noise sensitive. The compatibility evaluations in Table 3A take into account single-event noise concerns. (a) The ALUC may require acoustical studies or on-site noise measurements to assist in determining the compatibility of Land Use Actions involving Noise-Sensitive Land Uses. (b) Single-event noise levels are especially important in areas that are regularly overflown by aircraft, but that do not produce significant CNEL contours (helicopter overflight areas are a particular example). Flight patterns for the Airport should be considered in the review process including in locations beyond the mapped noise contours. The flight patterns for Ukiah Municipal Airport are depicted in Figure 4-6 in Chapter 4. 3.5. Safety Compatibility Policies SAFETY COMPATIBILITY POLICIES BACKGROUND INFORMATION The following Safety Compatibility Policies Background Information has been considered in formulating the safety compatibility criteria in this section. However, it is provided for informational purposes only and does not itself constitute ALUC policy. For additional discussion of safety compatibility concepts, see Appendix C. Policy Objective The intent of land use safety compatibility policies is to minimize the risks associated with an off -airport aircraft accident or emergency landing. The policies focus on reducing the potential consequences of such events should they occur. Risks both to people and property in the vicinity of the Airport and to people on board the aircraft are considered (land use features that can be the cause of an aircraft accident are addressed under Airspace Protection, Section 3.6.) Measures of Risk Exposure This UKIALUCP evaluates the risk that potential aircraft accidents pose to lands and people around the Airport in terms of two parameters: where aircraft accidents are most likely to occur near the Airport; and the potential consequences if an accident occurs in one of those locations. Page 222 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–14 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) ▪ The accident likelihood is measured in terms of the geographic distribution of where accidents have historically occurred around other airports having similar types of activity. Because aircraft accidents are infrequent occurrences, the pattern of accidents at any one airport cannot be used to predict where future accidents are most likely to happen around that airport. Reliance must be placed on data about aircraft accident locations at comparable airports nationally, refined with respect to information about the characteristics of aircraft use at the individual airport. ▪ The consequences component of the risk considers the number of people in harm’s way and their ability to escape harm. For most nonresidential development, potential consequences are measured in terms of the usage Intensity—the number of people per acre on the site. Local development standards (e.g., floor area ratios, parking requirements) and building code occupancies can be used to calculate nonresidential usage Intensities. For residential development, Density—the number of dwelling units per acre—is substituted for Intensity. Additional criteria are applicable to specific types of uses. Factors Considered in Setting Safety Compatibility Policies Factors considered in setting the policies in this section include the following: ▪ The runway length, approach categories, normal flight patterns, and aircraft fleet mix at the Airport. These factors are reflected in the Compatibility Zones shapes and sizes. ▪ The locations, delineated with respect to the Airport runway, where aircraft accidents typically occur near airports and the relative concentration of accidents within these locations. The most stringent land use controls are applied to the areas with the greatest potential accident exposure. The risk information utilized is the general aviation accident data and analyses contained in the California Airport Land Use Planning Handbook. The Handbook guidance regarding safety compatibility forms the basis for the safety component of the composite Compatibility Zones established for the Airport and the maximum usage intensities (people per acre) criteria indicated in Table 3A, Basic Compatibility Criteria. ▪ Handbook guidance regarding residential densities in rural and suburban areas. Residential Density limitations cannot be equated to the usage Intensity limitations for nonresidential uses. Consistent with pervasive societal views and as suggested by the Handbook guidelines, a greater degree of protection is warranted for residential uses. ▪ The presence of Risk-Sensitive Land Uses—uses having characteristics that represent safety concerns regardless of the number of people present; specifically: vulnerable occupants (children, elderly, disabled), hazardous materials, and critical community infrastructure. ▪ The extent to which development covers the ground and thus limits the options of where an aircraft in distress can attempt an emergency landing. ▪ The extent to which the occupied parts of a Project site are concentrated in a small area. Concentrated high Intensities heighten the risk to occupants if an aircraft should strike the location where the development is concentrated. To guard against this risk, limitations on the maximum concentrations of dwellings or people in a small area of a large Project site are appropriate. 3.5.1. Residential Development Density Criteria: Proposed residential development shall be evaluated in accordance with the following criteria: (a) The maximum allowable Density for proposed residential development shall be as indicated in Table 3A, Basic Compatibility Criteria, for each Compatibility Zone. All proposed residential uses must comply with both the “sitewide average” and “single - acre” Density limits indicated for the Compatibility Zone or Zones in which the Project is located. (1) The “sitewide average” Density equals the total number of dwelling units divided by the Project site size in acres (i.e., the total acreage of the Project site) which may include multiple parcels. (2) The “single-acre” Density equals the maximum number of dwelling units in any single acre of the Project. (b) Clustering of residential development within any single acre of a Project site shall be limited as follows: (1) Within Compatibility Zone 1, residential development is not permitted. Page 223 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–15 (2) Within Compatibility Zones 2 through 5, including within the Urban Overlay Zone, clustering shall be limited to no more than 1.5 times the average Density as indicated in Table 3A for the respective zone. (c) If a residential land use Project is proposed for a site or parcel lying only partly within Compatibility Zone 2 and residential uses are permitted on that site both under local land use regulations and by right in accordance with Policy 1.5.4 in Chapter 2, the dwelling shall, when feasible, be located on the portion of the site outside of these zones or, if such siting is not feasible, then the maximum practical distance from the extended runway centerline. (d) Density bonuses and other bonuses or allowances that Local Agencies may provide for affordable housing developed in accordance with the provisions of state and/or local law or regulation shall be included when calculating residential densities. The overall Density of a development Project, including any bonuses or allowances, must comply with the allowable Density criteria of this UKIALUCP. (e) Exceptions to Density criteria: (1) The Density limits shall not prevent construction of a single-family home on a legal lot of record as of the date of adoption of this UKIALUCP provided that the home is not within Compatibility Zone 1 and the use is permitted by Local Agency land use regulations (see Policy 1.5.4 in Chapter 2). (2) Accessory dwelling units, as defined by state law and local regulations, shall be excluded from Density calculations.41 (3) A family day care home serving 14 or fewer children may be established in any existing dwelling or in any new dwelling permitted by the policies of this UKIALUCP.42 (f) See Policy 3.2.7 with regard to calculating the Density of mixed-use development. 3.5.2. Nonresidential Development Intensity Criteria: Nonresidential development shall be evaluated in accordance with the following criteria: (a) The maximum allowable Intensity for proposed nonresidential development shall be as indicated in Table 3A, Compatibility Criteria. All proposed nonresidential uses must comply with both the “sitewide average” and “single-acre” Intensity limits indicated for the Compatibility Zone or Zones in which the Project is located. (1) Nonresidential Intensity shall be measured in terms of people per acre and shall be determined as specified in this policy and Policy 3.5.3. (2) Intensity calculations shall include all people (e.g., employees, customers/visitors) who may be on the property at any single point in time, whether indoors or outdoors. For the purposes of these calculations, the total number of occupants during normal busiest periods shall be used.43 (3) Additional or more restrictive criteria may be applicable to Land Uses of Special Concern (see Policy 3.5.5). 41 Government Code, Section 65852.2. 42 Health and Safety Code, Section 1596.78. 43 This number will typically be lower than the absolute maximum number of occupants the facility can accommodate (such as would be used in determining compliance with building and fire codes). Page 224 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–16 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (b) The need to calculate the usage Intensity of a particular Project proposal for compliance with the Intensity criteria is to be governed by the following: (1) Land use categories indicated as “Normally Compatible” for a particular Compatibility Zone are presumed to meet the Intensity criteria indicated for the Compatibility Zone. Calculation of the usage Intensity is not required unless the particular Project proposal represents an atypical example of the usage type. (2) Calculation of the usage Intensity must be done for all proposed Projects where the land use category for the particular Compatibility Zone is indicated as “Conditional” and the additional criteria column says “Ensure Intensity criteria met.” (3) Land use categories indicated as “Conditional” for the particular Compatibility Zone, but the criteria are other than “Ensure Intensity criteria met,” calculation of the usage Intensity is not necessary for typical examples of the use. However, the Project proposal must comply with the other criteria listed for the applicable land use category. (c) When a Project involves multiple types of nonresidential land use categories as listed in Table 3A, the total occupancy for all categories shall be used for determining compliance with the sitewide-average Intensity criteria. However, all components, particularly the most intense ones, must comply with the single-acre Intensity criteria. Also, any additional criteria listed in Table 3A for individual land use categories involved in a Project must all be met. For Intensity criteria pertaining to mixed-use Projects having both residential and nonresidential components, see Policy 3.2.7. (d) No new structures intended to be regularly occupied are allowed in Compatibility Zone 1. 3.5.3. Methodology for Calculation of Nonresidential Intensities: Various methods are available by which usage Intensities may be calculated (additional guidance is found in Appendix D). (a) Calculation of Sitewide Average-Acre Intensity: The “sitewide average” Intensity equals the total number of people expected to be on the entire Project site at any one time during normal busiest periods divided by the site size in acres (i.e., the total acreage of the Project site) which may include multiple parcels. The number of occupants for a particular proposal or component thereof may be estimated by any of several methods: (1) Dividing the square footage of the building or component use by the Occupancy Load Factor for that use yields the number of occupants (see Exhibit 3 for an example).44 Unless data specific to a particular Project is available, the Occupancy Load Factors to be used are as indicated in Table 3A. In considering any such exceptions, the ALUC shall also take into account the potential for the use of a building to change over time (see Policy 3.5.4). (2) For uses with fixed seats—restaurants and theaters, for example—the occupancy should be based upon the number of customer seats plus the number of employees. (3) For many commercial and industrial uses, the occupancy can be estimated by considering the number of parking spaces required by the Local Agency and multiplying by the average number of occupants per vehicle (this method would 44 Occupancy Load Factors are based on information from various sources and are intended to represent busy-period usage for typical examples of the land use category. Usually they will be greater than used in building and fire codes to represent the maximum occupancy. They can be used as a factor in determining the appropriate land use category for unlisted uses or atypical examples of a use. Page 225 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–17 not be suitable for land uses where many users arrive by transit, bicycle, or other means of transportation). (4) For Projects involving a mixture of uses in a building, the Occupancy Load Factor for each component use shall be applied to give the occupancy for that use, then the component occupancies shall be added to determine total occupancy. (b) Calculation of Single-Acre Intensity: The “single-acre” Intensity equals the number of people expected to occupy the most intensively used 1.0-acre area(s) of the Project site at any one time during normal busiest periods. The single-acre Intensity limits for each Compatibility Zone are indicated in Table 3A. Calculation of the single-acre Intensity depends upon the building footprint and site sizes and the distribution of activities on the site. (1) For Projects with sites less than 1.0 acre, the single-acre Intensity equals the total number of people on the site divided by the site size. (2) For Projects with sites more than 1.0 acre and a building footprint less than 1.0 acre, the single-acre Intensity equals the total number of building occupants unless the Project includes substantial outdoor occupancy in which case such usage shall be taken into account. (3) For Projects having both site size and building footprint of more than 1.0 acre, the single-acre Intensity shall normally be calculated as the total number of building occupants divided by the building footprint in acres. However, if the occupancy of the building is concentrated in one area—the office area of a large warehouse, for example—then the occupants of that area shall be included in the single-acre calculation. (4) The 1.0-acre areas to be evaluated shall normally match the building footprints, provided that the buildings are generally rectangular (reasonably close to square) and not elongated in shape and, for buildings larger than 1.0 acre, may represent a portion of the building. (5) If a building has multiple floors, then the total number of occupants on all floors falling within the 1.0-acre footprint shall be counted. 3.5.4. Long-Term Changes in Occupancy: In evaluating compliance of a proposed nonresidential Project with the usage Intensity criteria in Table 3A, the ALUC shall take into account the potential for the use of a building to change over time. A building could have planned low -intensity use initially, but later be converted to a higher-intensity use. Local Agencies must provide permit language or other mechanisms to ensure continued compliance with the usage Intensity criteria.45 3.5.5. Risk-Sensitive Land Uses: Certain types of land uses represent safety concerns irrespective of the number of people associated with those uses. Risk-Sensitive Land Uses and the nature of the concern are listed below along with the criteria applicable to these uses. In some cases, these uses are not allowed in portions of the Airport environs regardless of the number of occupants associated with the use. In other instances, these uses should be avoided—that is, allowed only if an alternative site outside the zone would not serve the intended function. 45 Note that this provision applies only to new development and Redevelopment—Projects for which discretionary Local Agency action is required. It does not to tenant improvements or other changes to existing buildings for which local approval is ministerial. Page 226 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–18 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) When the use is allowed, special measures should be taken to minimize hazards to the facility and occupants if the facility were to be struck by an aircraft. (a) Uses Having Vulnerable Occupants: These uses are ones in which the majority of occupants are children, elderly, and/or disabled—people who have reduced effective mobility or may be unable to respond to emergency situations. (1) The primary uses in this category include, but are not limited to the following: ▪ Children’s schools (grades K–12). ▪ Day care centers (facilities with more than 14 children46). ▪ In-patient hospitals, mental hospitals, nursing homes, and similar medical facilities where patients remain overnight. ▪ Congregate care facilities including retirement homes, assisted living, and intermediate care facilities. ▪ Penal institutions. (2) Except congregate care facilities, uses having vulnerable occupants are incompatible within Compatibility Zones 1 through 5, including in the Urban Overlay Zone. New sites or facilities or expansion of existing sites or facilities shall be prohibited. (3) Congregate care facilities are permitted in the Urban Overlay Zone provided that Intensity criteria are met. (4) All of the above uses shall be allowed within Compatibility Zone 6. (b) Hazardous Materials Storage: Materials that are flammable, explosive, corrosive, or toxic constitute special safety compatibility concerns to the extent that an aircraft accident could cause release of the materials and thereby pose dangers to people and property in the vicinity. (1) Facilities in this category include, but are not limited to the following: ▪ First Group Facilities: Facilities such as oil refineries and chemical plants that manufacture, process, and/or store bulk quantities of hazardous materials generally for shipment elsewhere. ▪ Second Group Facilities: Facilities associated with otherwise compatible land uses where hazardous materials are stored in smaller quantities primarily for on- site use. (2) Criteria for new facilities in the first group are as follows: ▪ Facilities in the first group are incompatible in Compatibility Zones 1 through 5. New sites, new facilities, or expansion of existing sites or facili ties shall be prohibited. ▪ In Compatibility Zone 6, facilities are allowed only if alternative sites outside Zone 6 would not serve the intended function. (3) Criteria for new facilities in the second group are as follows: ▪ Bulk storage of hazardous materials for on-site use shall be prohibited in Compatibility Zones 1 and 2. 46 Health and Safety Code, Section 1596.78. Page 227 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–19 ▪ In Compatibility Zones 3 and 5, only the following is allowed: 1) On-Airport storage of aviation fuel and other aviation-related flammable materials; 2) storage of nonaviation fuel or other flammable materials in underground tanks (e.g., gas stations); and 3) storage of up to 6,000 gallons of nonaviation flammable materials in aboveground tanks. ▪ In Compatibility Zone 4, bulk storage of hazardous materials should be avoided, but storage of smaller amounts for near-term on-site use is acceptable. Permitting agencies should evaluate the need for special measures to minimize hazards if the facility should be struck by an aircraft. ▪ All facilities must comply with the Intensity limits set forth in Policy 3.5.2(a)(2) and other criteria noted in Table 3A. ▪ All of the above uses shall be allowed within Compatibility Zone 6. (c) Critical Community Infrastructure: This category pertains to facilities the damage or destruction of which would cause significant adverse effects to public health and welfare well beyond the immediate vicinity of the facility. (1) These facilities include, but are not limited to, the following: ▪ Public safety facilities such as police and fire stations. ▪ Communications facilities including emergency communications, broadcast, and cell phone towers. ▪ Primary, peaker, and renewable energy power plants, electrical substations, and other utilities. (2) Criteria for new or expanded facilities of these types are as follows: ▪ Public safety facilities are incompatible in Compatibility Zones 1 through 3. No new sites or facilities or expansion of existing sites or facilities shall be allowed. In Compatibility Zone 5, public safety facilities shall be allowed only if the facility serves or has an Airport-Related function. In Compatibility Zone 4, creation or expansion of these types of facilities shall be allowed only if an alternative site outside of these zones would not serve the intended function of the facility. Public safety facilities shall be allowed within Compatibility Zone 6. ▪ Communications facilities, except ones that are Airport-Related Uses, are incompatible in Compatibility Zones 1 through 3. No new sites or facilities or expansion of existing sites or facilities shall be allowed. In Compatibility Zone 4, creation or expansion of these types of facilities shall be allowed only if an alternative site outside of this zone would not serve the intended function of the facility. Structures shall be located a maximum distance from the extended runway centerline and comply with airspace protection criteria (e.g., height, thermal plumes) set forth in Section 3.6 of this UKIALUCP. Communication facilities shall be allowed within Compatibility Zone 6. ▪ Primary power plants are incompatible in Compatibility Zones 1 through 5; except that they may be allowed in Compatibility Zone 6 if an alternative site outside of this zone would not serve the intended function of the facility. ▪ Peaker plants, renewable energy power plants, electrical substations, and other utilities are incompatible in Compatibility Zones 1 through 5. In Compatibility Zone 4, creation or expansion of these types of facilities shall be allowed only if an alternative site outside of this zone would not serve the intended function of the facility. Structures shall be located a maximum distance from the extended runway centerline and comply with airspace protection criteria (e.g., height, Page 228 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–20 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) electrical interference, thermal plumes) set forth in Section 3.6 of this UKIALUCP. These facilities shall be allowed within Compatibility Zone 6. 3.5.6. Open Land: In the event that a light aircraft is forced to land away from the Airport, the risks to the people on board can best be minimized by providing as much open land area as possible within the Airport vicinity. This concept is based upon the fact that the majority of light aircraft accidents and incidents occurring away from an airport runway are controlled emergency landings in which the pilot has reasonable opportunity to select the landing site. (a) To qualify as open land, an area should be: (1) Free of most structures and other major obstacles such as walls, large trees or poles (greater than 4 inches in diameter, measured 4 feet above the ground), and overhead wires. (2) Have minimum dimensions of approximately 75 feet by 300 feet. (b) Roads and automobile parking lots are acceptable as open land areas if they meet the above criteria. (c) Open land requirements for each Compatibility Zone are specified in Table 3A. Open land requirements do not apply within the Urban Overlay Zone. (d) Open land requirements for each Compatibility Zone are to be applied with respect to the entire zone. Individual parcels may be too small to accommodate the minimum-size open area requirement. Consequently, the identification of open land areas must initially be accomplished at the general plan or specific plan level or as part of large (10 acres or more) development projects. (e) Clustering of development and providing contiguous landscaped and parking areas is encouraged as a means of increasing the size of open land areas. Clustering of development should be located a maximum distance from the extended runway centerline. However, see Policies 3.5.1(b) and 3.2.6(b), and Table 3A for limitations on clustering of residential and nonresidential development on any single acre. (f) Building envelopes and the Compatibility Zones should be indicated on all site plans and tentative maps for Projects located within the Airport Influence Area. Portraying this information is intended to assure that individual development Projects provide the open land areas identified in the applicable general plan, specific plan, or other large -scale plan. 3.6. Airspace Protection Compatibility Policies AIRSPACE PROTECTION COMPATIBILITY POLICIES BACKGROUND INFORMATION The following Airspace Protection Compatibility Policies Background Information has been considered in formulating the Airspace Protection Compatibility policies in this section. However, it is provided for informational purposes only and does not itself constitute UKIALUCP policy. For additional discussion of airspace protection concepts, see Appendix C. Policy Objective Airspace protection compatibility policies seek to prevent creation of land use features that can pose hazards to the airspace required by aircraft in flight and have the potential for causing an aircraft accident. Page 229 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–21 Measures of Hazards to Airspace Three categories of hazards to airspace are a concern: physical, visual, and electronic. ▪ Physical hazards include tall structures that have the potential to intrude upon protected airspace as well as land use features that have the potential to attract birds or other potentially hazardous wildlife to the airport area. ▪ Visual hazards include certain types of lights, sources of glare, and sources of dust, steam, or smoke. ▪ Electronic hazards are ones that may cause interference with aircraft communications or navigation. Factors Considered in Setting Airspace Protection / Object Height Compatibility Policies The UKIALUCP airspace protection policies rely upon the regulations and standards enacted by the Federal Aviation Administration (FAA) and the State of California. The FAA has well-defined standards by which potential hazards to flight, especially airspace obstructions, can be assessed. T he following FAA regulations and documents, and any later versions of these documents, are specifically relevant. ▪ Code of Federal Regulations Title 14, Part 77 (14 CFR 77), Safe, Efficient Use and Preservation of the Navigable Airspace (provides standards regarding FAA notification of proposed objects and height limits of objects near airports). ▪ FAA Advisory Circular 150/5300-13, Airport Design (provides standards regarding safety-related areas in the immediate vicinity of runways). ▪ Advisory Circular 70/7460-1L, Obstruction Marking and Lighting (sets standards for how essential marking and lighting should be designed). These regulations and standards do not give the FAA authority to prevent the creation of hazards to flight. That authority rests with state and local agencies. The State of California has enacted regulations enabling state and local agencies to enforce the FAA standards. The UKIALUCP policies are intended to help implement the federal and state regulations. Factors Considered in Setting Airspace Protection / Wildlife Hazard Compatibility Policies Natural features and agricultural practices may include open water and food sources that are attractive to wildlife, especially waterfowl and other bird species. The UKIALUCP relies upon the wildlife hazard guidelines established by the FAA in the following Advisory Circulars: ▪ FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants on or near Airports (provides guidance on types of attractants to be avoided). ▪ FAA Advisory Circular 150/5200-34A, Construction or Establishment of Landfills near Public Airports (sets guidelines on proximity of these facilities to airports). 3.6.1. Evaluating Airspace Protection / Object Height Compatibility for Projects: The height of structures, trees, and other objects associated with proposed Projects within the Ukiah Municipal Airport Influence Area shall be evaluated in accordance with: (a) The policies in this section together with the Airspace Protection Zones (Map 3B) drawn in accordance with 14 CFR Part 77, Subpart C and reflecting the runway length, runway end locations, and approach type for the Airport. The Airspace Protection Zones for Ukiah Municipal Airport are depicted in Map 3B. These surfaces reflect both the existing and planned future configuration of the runway. (b) Additionally, where an FAA Aeronautical Study of a proposed object has been required as described in Policy 3.6.3, the results of that study shall be taken into account by the ALUC and the Local Agency in determining compliance with the criteria of this section. (c) The Airspace Critical Protection Zone consists of the 14 CFR Part 77 primary surface and the area beneath portions of the approach and transitional surfaces to where these surfaces intersect with the horizontal surface together with the Airspace High Terrain Zone. Page 230 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–22 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (d) The Airspace High Terrain Zone consists of the Airspace Critical Protection Zone together with locations where the ground elevation exceeds or is within 35 feet beneath an Airspace Protection Surface. 3.6.2. Object Height Criteria: The criteria for determining the acceptability of a Project with respect to height are as follows: (a) Except as provided in Paragraphs (b) and (c) of this policy, no object, including a mobile object such as a vehicle or temporary object such as construction crane, shall have a height that would result in penetration of an Airspace Protection Surface. Any object that penetrates one of these surfaces is, by FAA definition, deemed an obstruction.47 (b) Objects not situated within an Airspace Critical Protection Zone (see definition in Policy 3.6.1(c)) may be allowed to have heights that penetrate the Airspace Protection Surfaces defined by CFR Part 77 criteria under the following conditions: (1) The objects have a height of 35 feet or less above ground level. (2) The height of all objects is subject to Local Agency zoning limits. (c) Unless exempted under Paragraph (b) of this policy, a proposed object having a height that exceeds any Airspace Protection Surface shall be allowed only if all of the following apply: (1) As the result of an Aeronautical Study, the FAA determines that the object would not be a hazard to air navigation. (2) FAA or other expert analysis conducted under the auspices of the ALUC or the Airport operator concludes that, despite being an airspace obstruction (not necessarily a hazard), the object that would not cause any of the following: ▪ An increase in the ceiling or visibility minimums of the Airport for an existing or planned instrument procedure (a planned procedure is one that is formally on file with the FAA); ▪ A reduction of the established operational efficiency and capacity of the Airport, such as by causing the usable length of the runway to be reduced; or ▪ Conflict with the visual flight rules (VFR), airspace used for the airport traffic pattern or en route navigation to and from the Airport. (3) Marking and lighting of the object will be installed as directed by the FAA Aeronautical Study or the California Division of Aeronautics and in a manner consistent with FAA standards in effect at the time the construction is proposed.48 (4) An Avigation Easement is dedicated in accordance with Policy 3.3.6. (5) The proposed Project/plan complies with all other policies of this UKIALUCP. 3.6.3. Requirements for FAA Notification of Proposed Construction or Alteration: Project proponents are responsible for notifying the FAA about proposed construction that may affect navigable airspace.49 The following is ALUC policy on this topic. 47 An obstruction may or may not be a hazard. The purpose of FAA aeronautical studies is to determine whether an obstruction is a hazard and, if so, what remedy is recommended. The FAA’s remedies are limited to making changes to the airspace and an airport’s approach procedures, but it also can indicate an objection to proposed structures that it deems to be a hazard. 48 Advisory Circular 70/7460-1J, Obstruction Marking and Lighting, or any later FAA guidance. 49 14 CFR Part 77 requires that a Project proponent submit notification of a proposal to the FAA where required by the provisions of 14 CFR Part 77, Subpart B. California Public Utilities Code Sections 21658 and 21659 likewise includes this Page 231 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–23 (a) The boundaries of the FAA notification area for Ukiah Municipal Airport are depicted on Map 3B, Airspace Protection Zone. (b) Reference to FAA notification requirements is included here for informational purposes only, not as an ALUC policy. (c) Local Agencies shall inform Project proponents of the requirements for notification to the FAA. (d) FAA review is required for any proposed structure more than 200 feet above the surface level of its site. All such proposals also shall be submitted to the ALUC for review regardless of where within the jurisdiction of the ALUC they would be located. (e) The requirement for notification to the FAA shall not by itself trigger an airport compatibility review of a Project by the ALUC. If the general plan of the Local Agency in which the Project is to be located has been determined by the ALUC to be consistent with this UKIALUCP, then no ALUC review is required. If the general plan has not been made consistent, then the proposed Project must be referred to the ALUC for review if it qualifies as a Major Land Use Action (see Policy 1.4.5). (f) Any Project submitted to the ALUC for airport land use compatibility review for reason of height-limit issues shall include a copy of the 14 CFR Part 77 notification form (Form 7460-1) with the FAA findings from its aeronautical study (i.e., notice of determination letter). A proposed Project may be referred to the ALUC in advance of the completion of the FAA Aeronautical Study. However, the completed Aeronautical Study must be forwarded to the ALUC when available and the ALUC may reconsider its previous consistency determination if the FAA study provides new information and airspace protection was a factor in the ALUC’s determination. 3.6.4. Criteria for Other Flight Hazards: Land uses that may cause visual, electronic, or wildlife hazards, particularly bird strike hazards, to aircraft in flight or taking off or landing at the Airport shall not be allowed within the Airport Influence Area unless the uses are consistent with FAA rules and regulations. (a) Specific characteristics to be avoided include: (1) Sources of glare (such as from mirrored or other highly reflective structures or building features) or bright lights (including search lights and laser light displays); (2) Distracting lights that could be mistaken for airport lights; (3) Sources of dust, steam, or smoke that may impair pilots’ vision; (4) Sources of steam or other emissions that cause thermal plumes or other forms of unstable air; requirement. FAA notification requirements apply to all objects including structures, antennas, trees, mobile objects, and temporary objects such as construction cranes. The FAA will conduct an “Aeronautical Study” of the object(s) and determine whether the object(s) would be of a height that would constitute a hazard to air navigation. (See Appendix B of this UKIALUCP for a copy of 14 CFR Part 77 and online procedures for filing Form 7460-1.) FAA notification is required if the Project contains proposed structures or other objects that exceed the height standards defined in 14 CFR Part 77, Subpart B. Objects shielded by nearby taller objects are exempted in accordance with 14 CFR Part 77, Paragraph 77.15. Note that notification to the FAA under 14 CFR Part 77, Subpart B, is required even for certain proposed construction that does not exceed the height limits allowed by Subpart C of the regulations. Also, the FAA notification area extends beyond the Airport Influence Area depicted on the Ukiah Municipal Airport Airspace Protection Zones map. Specifically, the Subpart B notification airspace surface extends outward and upward at a slope of 100:1 for a horizontal distance of 20,000 feet from the nearest point on the runway. Page 232 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–24 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (5) Sources of electrical interference with aircraft communications or navigation; and (6) Any proposed use that creates an increased attraction for wildlife and that is inconsistent with FAA rules and regulations.50 Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of bird s that pose bird strike hazards to aircraft in flight. (b) The ALUC shall apply applicable Federal Aviation Administration regulations and guidelines as identified in the Background Information box in this section when evaluating Projects with regard to these characteristics and shall consult with FAA officials, the California Division of Aeronautics, and Airport management, as appropriate. However, a Determination of No Hazard to Air Navigation by the FAA does not automatically equate to a Consistency Determination by the ALUC. The FAA may conclude in its Aeronautical Study that a Project is an Obstruction but not a Hazard to Air Navigation. However, the ALUC may utilize criteria for protecting aircraft traffic patterns at the Airport that may differ from the criteria contained in 14 CFR Part 77and may find a Project inconsistent based on compatibility factors not addressed by an FAA Aeronautical Study. 50 The FAA rules and regulations include, but are not limited to: Public Law 106-181 (Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, known as AIR 21), Section 503; 40 CFR 258, Criteria for Municipal Solid Waste Landfills, Section 258.10, Airport Safety; Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants On or N ear Airports; Advisory Circular 150/5200-34A, Construction or Establishment of Landfills near Public Airports; and any subsequent applicable FAA guid- ance. Page 233 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–25 3.7. Overflight Compatibility Policies OVERFLIGHT COMPATIBILITY POLICIES BACKGROUND INFORMATION The following Overflight Compatibility Policies Background Information has been considered in formulating the Overflight Compatibility policies in this section. However, it is provided for informational purposes only and does not itself constitute UKIALUCP policy. For additional discussion of overflight compatibility concepts, see Appendix C. Policy Objective Noise from individual aircraft operations, especially by comparatively loud aircraft, can be intrusive and annoying in locations beyond the limits of the noise exposure areas addressed by the policies in Section 3.4. Sensitivity to aircraft overflight varies from one person to another. The policies in this Section serve primarily to establish the form and requirements for notification about airport proximity and aircraft overflight to be given in conjunction with Local Agency approval of new Residential Development and with certain real estate transactions involving existing Residential land uses. Overflight policies do not apply to Nonresidential Development. Measures of Overflight Exposure The loudness and frequency of occurrence of individual aircraft noise events are key determinants of where notification of airport proximity and aircraft overflight is warranted. Single -event noise levels are especially important in areas that are overflown regularly by aircraft, but that do not produce significant CNEL contours. Locations where aircraft regularly fly at approximately the traffic pattern altitude—1,000 feet above ground level— or lower are considered to be within the Airport’s overflight impact area. Note that the flight altitude above ground level will be more or less than this amount depending upon the terrain below. Areas of high terrain beneath the traffic pattern are exposed to comparatively greater noise levels, a factor that is conside red in the overflight policies. Factors Considered in Setting Overflight Compatibility Policies Factors considered in establishing overflight compatibility policies include the following: ▪ Focus on notification, not restrictions. Unlike the function of the noise, safety, and airspace protection compatibility policies in this UKIALUCP, overflight compatibility policies do not restrict the manner in which land can be developed or used. The policies serve only to establish the form and requirements for notification about airport proximity and aircraft overflights. ▪ Limited applicability to existing development. To be most effective, overflight policies should establish notification requirements for transactions involving existing residential land uses, not just f uture residential development. However, the only function of the UKIALUCP with regard to Existing Land Uses is to define the boundaries within which Airport Proximity Disclosure in conjunction with real estate transactions should be provided as specified under state law. Other than setting the disclosure boundary, the policies in this Section apply only to new residential development subject to ALUC review. ▪ State Law. State Airport Proximity Disclosure law applies to existing development, but not to all transactions. [California state statutes (Business and Professional Code Section 11010 and Civil Code Sections 1102.6, 1103.4, and 1353) require that, as part of many residential real estate transactions, information be disclosed regarding whether the property is situated within an Airport Influence Area. These state requirements apply to the sale or lease of newly subdivided lands and condominium conversions and to the sale of certain existing residential property. In general, Airport Proximity Disclosure is required with existing residential property transfer only when certain natural conditions (earthquake, fire, or flood hazards) warrant disclosure.] ▪ Need for continuity of notification to future property owners and tenants. To the extent that this UKIALUCP sets notification requirements for new development, notifications should be in a form that runs with the land and is provided to prospective future owners and tenants. ▪ To avoid inappropriateness of Avigation Easement dedication solely for buyer awareness purposes. Avigation Easements involve conveyance of property rights from the property owner to the party owning the easement and are thus best suited to locations where land use restrictions for noise, safety, or airspace protection purposes are necessary. Property rights conveyance is not needed for buyer awareness purposes. Page 234 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–26 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3.7.1. Recorded Overflight Notification: As a condition for ALUC approval of a proposed residential land use Project within Compatibility Zone 6, an Overflight Notification shall be recorded in the chain of title of the property. (a) The notification shall be of a format similar to that indicated in Appendix G and shall contain the following language dictated by state law with regard to Airport Proximity Disclosure in conjunction with real estate transfer: NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an Airport Influence Area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. (b) The notification shall be evident to prospective purchasers of the property and shall appear on the property deed. (c) A Recorded Overflight Notification is not required where an Avigation Easement dedication is required as the Avigation Easement accomplishes the notification function (see Policy 3.3.6). (d) Recording of an Overflight Notification is not required for nonresidential development. 3.7.2. Airport Proximity Disclosure: State law requires that notice disclosing information about the presence of a nearby airport be given to prospective buyers of certain residential real estate within an Airport Influence Area. The statutes define an Airport Influence Area as “the area in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses as determined by an airport land use commission.”51 UKIALUCP criteria with regard to Airport Proximity Disclosure are as follows: (a) For existing residences: (1) Airport Proximity Disclosure as part of real estate transactions involving existing residences is a matter between private parties. Neither this UKIALUCP nor Local Agencies have authority to mandate that Airport Proximity Disclosure be provided and neither the UKIALUCP nor Local Agencies have enforcement responsibilities with regard to this disclosure. (2) The sole responsibility of Local Agencies with regard to Airport Proximity Disclosure for existing residences is to recommend the boundary of the area within which the disclosure is deemed appropriate and to provide this information to local title companies and real estate agents. The Airport Influence Area defined herein for Ukiah Municipal Airport establishes the area in which Airport Proximity Disclosure is recommended. (3) Airport Proximity Disclosure should be provided as part of all real estate transactions (sale, lease, or rental) involving residential property anywhere within the Airport Influence Area. 51 See California Business and Professions Code Section 11010(b) and Civil Code Section 1353(a). Page 235 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–27 (b) For proposed residential development: (1) The disclosure provisions of state law are deemed mandatory for proposed new residential Projects anywhere within the Airport Influence Area and shall continue in effect as UKIALUCP criteria even if the state law is made less stringent or rescinded. The disclosure shall be of a format similar to that indicated in Appendix G and shall contain the language dictated by state law (see Policy 3.7.1(a)). (2) Signs providing the notice included in Policy 3.7.1(a) and a map of the Airport Influence Area shall be prominently posted in the real estate sales office and/or other key locations of any new residential Project within the Airport Influence Area. 3.8. Exceptions to Land Use Criteria 3.8.1. Rare Special Events Exception: Local Agencies may make exceptions for “Conditional” or “Incompatible” land uses associated with rare special events (e.g., an air show at the Airport, a street fair, a golf tournament) for which a facility is not designed and normally not used and for which extra precautions can be taken as appropriate. 3.8.2. Site-Specific Special Conditions Exception: The policies and criteria set forth in this UKIALUCP are intended to be applicable to all locations within the Airport Influence Area. However, there may be specific situations where a normally incompatible use can be considered compatible because of terrain, specific location, or other extraordinary factors or circumstances related to the site or Project design. After due consideration of all the factors involved in such situations and consultation with Airport management, the ALUC may find a normally incompatible use to be acceptable. (a) In considering any such exceptions, the ALUC shall take into account the potential for the use of a building to change over time (see Policy 3.5.4). A building could have planned low-intensity use initially, but later be converted to a higher-intensity use. Local Agency permit language or other mechanisms to ensure continued compliance with the usage Intensity criteria must be put in place. (b) In considering any such exceptions, the ALUC shall also take into account the need for special measures to reduce the risks to building occupants in the event that the building is struck by an aircraft. Building design features include, but are not limited to, the following: ▪ Using concrete walls; ▪ Limiting the number and size of windows; ▪ Upgrading the strength of the building roof; ▪ Avoiding skylights; ▪ Enhancing the fire sprinkler system; ▪ Limiting buildings to a single story or placing the high-intensity uses on the first floor to facilitate evacuation of a building if it were to be struck by an aircraft; and ▪ Increasing the number of emergency exits. (c) In reaching a decision, the ALUC shall make specific findings as to why the exception is being made and that the land use will neither create a safety hazard to people on the ground or aircraft in flight nor result in excessive noise exposure for the proposed use. Findings also shall be made as to the nature of the extraordinary circumstances that warrant the policy exception. Page 236 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–28 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (d) The burden for demonstrating that special conditions apply to a particular development proposal rests with the project proponent and/or referring Local Agency, not with the ALUC. (e) The granting of a special conditions exception shall be considered site specific and shall not be generalized to include other sites. 3.8.3. Airport-Specific Special Conditions Policies: (a) Special conditions are acknowledged by the ALUC in the adoption of this UKIALUCP as follows: ▪ None at this time. (b) These special conditions result in establishment of Compatibility Zone boundaries and/or compatibility criteria different in character from the zones and criteria applicable to other airports in the county. These special policies are not to be generalized or considered as precedent applicable to other locations near the Airport. 3.9. Review Criteria for Ukiah Municipal Airport Development Actions 3.9.1. Substance of Review: In accordance with state law, any new or amended Ukiah Municipal Airport master plan or development plan is subject to ALUC review for consistency with the UKIALUCP (see Policy 1.4.4). In conducting any such review, the ALUC shall evaluate whether the airport plan would result in greater noise, safety, airspace protection, or overflight impacts than indicated in this UKIALUCP. Attention should specifically focus on: (a) Proposals for facilities or procedures not assumed herein for the Airport, specifically: (1) Construction of a new runway or helicopter takeoff and landing area. (2) Change in the length, width, or landing threshold location of an existing runway. (3) Establishment of an instrument approach procedure that changes the approa ch capabilities at a particular runway end. (4) Modification of the flight tracks associated with existing visual or instrument operations procedures. (b) Proposed changes in the role or character of use of the Airport. (c) New activity forecasts that are: (1) significantly higher than those used in developing the Airport noise contours presented in Chapter 4 or (2) assume a higher proportion of larger or noisier aircraft. 3.9.2. Noise Impacts of Airport Expansion: Any proposed expansion of Airport facilities52 that would result in a significant increase in cumulative noise exposure (measured in terms of CNEL) shall include measures to reduce the exposure to a less-than-significant level. For the purposes of this UKIALUCP, a noise increase shall be considered significant by the ALUC if: (a) In locations having an existing ambient noise level of CNEL 60 dB or less, the expansion would increase the noise level by 3.0 dB or more. 52 As defined in Public Utilities Code Section 21664.5 and noted in Policy 1.4.3 of Chapter 2. Page 237 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–29 (b) In locations having an existing ambient noise level of more than CNEL 60 dB, the expansion would increase the noise level by 1.5 dB or more. 3.9.3. Consistency Determination: The ALUC shall determine whether the proposed Airport plan or development plan is consistent with this UKIALUCP. The ALUC shall base its determination of consistency on: (a) Findings that the development and forecasts identified in the Airport plan would not result in greater noise, safety, airspace protection, or overflight impacts on surrounding land uses than are assumed in this UKIALUCP. (b) Consideration of: (1) Mitigation measures incorporated into the plan or expansion to reduce any increases in the noise, safety, airspace protection, and overflight impacts to a less- than-significant level in accordance with provisions of the California Environmental Quality Act (CEQA); or (2) In instances where the impacts cannot be reduced to a less-than-significant level, a statement of overriding considerations approved by the Local Agency in accordance with provisions of CEQA. (c) A determination that any nonaviation development proposed for locations within the airport boundary (excluding federal, tribal or state-owned property) will be consistent with the compatibility criteria and policies indicated in this UKIALUCP with respect to that Airport (see Policy 1.2.12 for definition of aviation-related use). Page 238 of 550 COMPATIBILITY POLICIES CHAPTER 3 Table 3A Basic Compatibility Criteria 3–30 Ukiah Municipal Airport Land Use Compatibility Plan ( Adopted May 20, 2021) Intensity/Density Criteria 1 Airport Influence Area (See Map 3A) 2 Intensity Criteria Interpretation Compatibility Zones Other Airport Environs 1 2 3 4 5 6 Max. Sitewide Avg. Intensity (people/acre) Max. Single-Acre Intensity (people/acre) 0 3 0 3 60 120 100 300 150 450 100 300 300 1,200 no limit ▪ All nonresidential development must satisfy both sitewide and single-acre intensity limits Max. Sitewide Average Density (dwelling units/acre) 0 0.1 (10-ac. lot) 0.5 (2-ac. lot) 0.5 (2-ac. lot) 1.0 no limit no limit ▪ See Policy 3.5.1(b) for single-acre density limits Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all remain’g 25% 15% 15% 25% 15% no req. ▪ See Policy 3.5.6 for application ▪ Not applicable in Urban Overlay Zone Land Use Category Legend (see last page for interpretation) Additional Criteria ▪ Multiple land use categories may apply to a project ▪ Land uses not specifically listed shall be evaluated using criteria for similar uses ▪ Typical occupancy Load Factor [approx. s.f./person] indicated for certain uses 6 Incompatible Conditionally Compatible Normally Compatible ▪ Conditions listed below apply to uses listed as “Conditional” (yellow) for a particular zone ▪ See Policy 3.3.6 for avigation easement dedication requirements ▪ See Policy 3.7.1 for Recorded Overflight Notification requirements ▪ See Policy 3.7.2 for Airport Proximity Disclosure requirement General Characteristics Any use having structures (including poles or antennas) or trees 35 feet or higher All (except Zone 1): Ensure airspace obstruction does not occur (see Policy 3.6.1 and Map 3B) 7 Any use having the potential to cause an increase in the attraction of birds or other wildlife  4, 5, OAE: Avoid use or provide mitigation consistent with FAA rules and regulations 8 Any use creating visual or electronic hazards to flight  OAE: Avoid use or provide mitigation consistent with FAA rules and regs 9 Outdoor Uses (no or limited indoor activities) Natural Land Areas: woods, brush lands, desert 1-3: Vegetation must be clear of airspace surfaces Water: flood plains, wetlands, lakes, reservoirs, rivers, detention/ retention ponds  All: Avoid new features that attract birds or provide mitigation consistent with FAA regulations 8 Agriculture (except residences and livestock): field crops, orchards, vineyards, pasture, range land  All: Avoid new features that attract birds or provide mitigation consistent with FAA regulations 8 Livestock Uses: feed lots, stockyards, breeding, fish hatcheries, horse/riding stables, poultry and dairy farms  All (except Zone 1): Avoid new features that attract birds or provide mitigation consistent with FAA regulations 8; exercise caution with uses involving noise-sensitive animals Outdoor Major Assembly Facilities (capacity ≥1,000 people): spectator-oriented outdoor stadiums, amphitheaters, fairgrounds, race tracks, water parks, zoos  6: Allowed only if alternative site outside zone would not serve intended function; exercise caution if clear audibility by users is essential Page 239 of 550 COMPATIBILITY POLICIES CHAPTER 3 Table 3A, continued Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–31 Intensity/Density Criteria 1 Airport Influence Area (See Map 3A) 2 Intensity Criteria Interpretation Compatibility Zones Other Airport Environs 1 2 3 4 5 6 Max. Sitewide Avg. Intensity (people/acre) Max. Single-Acre Intensity (people/acre) 0 3 0 3 60 120 100 300 150 450 100 300 300 1,200 no limit ▪ All nonresidential development must satisfy both sitewide and single-acre intensity limits Max. Sitewide Average Density (dwelling units/acre) 0 0.1 (10-ac. lot) 0.5 (2-ac. lot) 0.5 (2-ac. lot) 1.0 no limit no limit ▪ See Policy 3.5.1(b) for single-acre density limits Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all remain’g 25% 15% 15% 25% 15% no req. ▪ See Policy 3.5.6 for application ▪ Not applicable in Urban Overlay Zone Land Use Category Legend (see last page for interpretation) Additional Criteria ▪ Multiple land use categories may apply to a project ▪ Land uses not specifically listed shall be evaluated using criteria for similar uses ▪ Typical occupancy Load Factor [approx. s.f./person] indicated for certain uses 6 Incompatible Conditionally Compatible Normally Compatible ▪ Conditions listed below apply to uses listed as “Conditional” (yellow) for a particular zone ▪ See Policy 3.3.6 for avigation easement dedication requirements ▪ See Policy 3.7.1 for Recorded Overflight Notification requirements ▪ See Policy 3.7.2 for Airport Proximity Disclosure requirement Outdoor Large Assembly Facilities (capacity 300 to 999 people): spectator-oriented outdoor stadiums, amphitheaters  4: Ensure intensity criteria met; exercise caution if clear audibility by users is essential Outdoor Group Recreation (limited spectator stands): athletic fields, water recreation facilities (community pools), picnic areas  3-5: Ensure intensity criteria met; not allowed if intended primarily for use by children; exercise caution if clear audibility by users is essential Outdoor Non-Group Recreation (small/low-intensity): golf courses (except clubhouse), tennis courts, shooting ranges  3, 4: Ensure intensity criteria met; not allowed if intended primarily for use by children; exercise caution if clear audibility by users is essential Local Parks: neighborhood parks, playgrounds  2, 3: Must have little or no permanent facilities where people congregate; exercise caution if clear audibility by users is essential Camping: campgrounds, recreational vehicle/ motor home parks  4: Ensure intensity criteria met; avoid if disruption by aircraft noise unacceptable Cemeteries (except chapels) 2-4: Ensure intensity criteria met; avoid if disruption by aircraft noise unacceptable Residential and Lodging Uses Single-Family Residential: individual dwellings, townhouses, mobile homes, bed and breakfast inns  2-5: Ensure density criteria met; limit clustering 10 2, 4 Locate dwelling max. distance from extended runway centerline where feasible Multi-Family Residential: townhouses, apartments condominiums  3, 4: Allowed only in Urban Overlay Zone; ensure density criteria met Long-Term Lodging (>30 nights): extended-stay hotels, dormitories  3, 4: Ensure intensity criteria met Page 240 of 550 CHAPTER 3 COMPATIBILITY POLICIES Table 3A, continued 3–32 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Intensity/Density Criteria 1 Airport Influence Area (See Map 3A) 2 Intensity Criteria Interpretation Compatibility Zones Other Airport Environs 1 2 3 4 5 6 Max. Sitewide Avg. Intensity (people/acre) Max. Single-Acre Intensity (people/acre) 0 3 0 3 60 120 100 300 150 450 100 300 300 1,200 no limit ▪ All nonresidential development must satisfy both sitewide and single-acre intensity limits Max. Sitewide Average Density (dwelling units/acre) 0 0.1 (10-ac. lot) 0.5 (2-ac. lot) 0.5 (2-ac. lot) 1.0 no limit no limit ▪ See Policy 3.5.1(b) for single-acre density limits Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all remain’g 25% 15% 15% 25% 15% no req. ▪ See Policy 3.5.6 for application ▪ Not applicable in Urban Overlay Zone Land Use Category Legend (see last page for interpretation) Additional Criteria ▪ Multiple land use categories may apply to a project ▪ Land uses not specifically listed shall be evaluated using criteria for similar uses ▪ Typical occupancy Load Factor [approx. s.f./person] indicated for certain uses 6 Incompatible Conditionally Compatible Normally Compatible ▪ Conditions listed below apply to uses listed as “Conditional” (yellow) for a particular zone ▪ See Policy 3.3.6 for avigation easement dedication requirements ▪ See Policy 3.7.1 for Recorded Overflight Notification requirements ▪ See Policy 3.7.2 for Airport Proximity Disclosure requirement Short-Term Lodging (≤30 nights, except conference/assembly facilities): hotels, motels, other transient lodging [approx. 200 s.f./person] 3-5: Ensure intensity criteria met Congregate Care: retirement homes, assisted living/residential care facilities, intermediate care facilities, emergency/homeless shelters, group homes (youth/adult)  3, 4: Ensure intensity criteria met Educational and Institutional Uses Family day care homes (≤14 children) 10  2-4: CNEL 45 dB max. interior noise level Children’s Schools: K-12, day care centers (>14 children), libraries  6: Allowed only if alternative site outside zone would not serve intended function; exercise caution if clear audibility by users is essential Adult Education classroom space: adult schools, colleges, universities [approx. 40 s.f./person] 3-5: Ensure intensity criteria met Indoor Major Assembly Facilities (capacity ≥1,000 people): auditoriums, conference centers, resorts, concert halls, indoor arenas 6: Allowed only if alternative site outside zone would not serve intended function; exercise caution if clear audibility by users is essential Indoor Large Assembly Facilities (capacity 300 to 999 people): movie theaters, places of worship, cemetery chapels, mortuaries [approx. 15 s.f./person] 4: Ensure intensity criteria met Page 241 of 550 COMPATIBILITY POLICIES CHAPTER 3 Table 3A, continued Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–33 Intensity/Density Criteria 1 Airport Influence Area (See Map 3A) 2 Intensity Criteria Interpretation Compatibility Zones Other Airport Environs 1 2 3 4 5 6 Max. Sitewide Avg. Intensity (people/acre) Max. Single-Acre Intensity (people/acre) 0 3 0 3 60 120 100 300 150 450 100 300 300 1,200 no limit ▪ All nonresidential development must satisfy both sitewide and single-acre intensity limits Max. Sitewide Average Density (dwelling units/acre) 0 0.1 (10-ac. lot) 0.5 (2-ac. lot) 0.5 (2-ac. lot) 1.0 no limit no limit ▪ See Policy 3.5.1(b) for single-acre density limits Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all remain’g 25% 15% 15% 25% 15% no req. ▪ See Policy 3.5.6 for application ▪ Not applicable in Urban Overlay Zone Land Use Category Legend (see last page for interpretation) Additional Criteria ▪ Multiple land use categories may apply to a project ▪ Land uses not specifically listed shall be evaluated using criteria for similar uses ▪ Typical occupancy Load Factor [approx. s.f./person] indicated for certain uses 6 Incompatible Conditionally Compatible Normally Compatible ▪ Conditions listed below apply to uses listed as “Conditional” (yellow) for a particular zone ▪ See Policy 3.3.6 for avigation easement dedication requirements ▪ See Policy 3.7.1 for Recorded Overflight Notification requirements ▪ See Policy 3.7.2 for Airport Proximity Disclosure requirement Indoor Small Assembly Facilities (capacity <300 people): community libraries; art galleries; museums; exhibition space, community/senior centers  [approx. 60 s.f./person] 3-5: Ensure intensity criteria met; not allowed if intended primarily for use by children; avoid outdoor spaces intended for noise-sensitive activities Indoor Recreation: gymnasiums, club houses, athletic clubs, dance studios, sports complexes (indoor soccer), health clubs, spas [approx. 60 s.f./person] 3-5: Ensure intensity criteria met; not allowed if intended primarily for use by children In-Patient Medical: hospitals, mental hospitals, nursing homes  3, 4: Ensure intensity criteria met Out-Patient Medical: health care centers, clinics [approx. 240 s.f./person] 3-5: Ensure intensity criteria met Penal Institutions: prisons, reformatories 6: Allowed only if alternative site outside zone would not serve intended function; ensure intensity criteria met Public Safety Facilities: police, fire stations 3-5: Ensure intensity criteria met Commercial, Office, and Service Uses Major Retail (capacity >300 people per building): regional shopping centers, ‘big box’ retail, super- market [approx. 110 s.f./person] 4: Ensure intensity criteria met Local Retail (≤300 people per building): community/neighborhood shopping centers, grocery stores [approx. 170 s.f./person] 3-5: Ensure intensity criteria met Eating/Drinking Establishments: restaurants, bars, fast-food dining [approx. 60 s.f./person] 3-5: Ensure intensity criteria met Page 242 of 550 CHAPTER 3 COMPATIBILITY POLICIES Table 3A, continued 3–34 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Intensity/Density Criteria 1 Airport Influence Area (See Map 3A) 2 Intensity Criteria Interpretation Compatibility Zones Other Airport Environs 1 2 3 4 5 6 Max. Sitewide Avg. Intensity (people/acre) Max. Single-Acre Intensity (people/acre) 0 3 0 3 60 120 100 300 150 450 100 300 300 1,200 no limit ▪ All nonresidential development must satisfy both sitewide and single-acre intensity limits Max. Sitewide Average Density (dwelling units/acre) 0 0.1 (10-ac. lot) 0.5 (2-ac. lot) 0.5 (2-ac. lot) 1.0 no limit no limit ▪ See Policy 3.5.1(b) for single-acre density limits Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all remain’g 25% 15% 15% 25% 15% no req. ▪ See Policy 3.5.6 for application ▪ Not applicable in Urban Overlay Zone Land Use Category Legend (see last page for interpretation) Additional Criteria ▪ Multiple land use categories may apply to a project ▪ Land uses not specifically listed shall be evaluated using criteria for similar uses ▪ Typical occupancy Load Factor [approx. s.f./person] indicated for certain uses 6 Incompatible Conditionally Compatible Normally Compatible ▪ Conditions listed below apply to uses listed as “Conditional” (yellow) for a particular zone ▪ See Policy 3.3.6 for avigation easement dedication requirements ▪ See Policy 3.7.1 for Recorded Overflight Notification requirements ▪ See Policy 3.7.2 for Airport Proximity Disclosure requirement Limited Retail/Wholesale: furniture, automobiles, heavy equipment, building materials, hardware, lumber yards, nurseries [approx. 250 s.f./person] 2-5: Ensure intensity criteria met 2: Locate structure max. distance from extended runway centerline where feasible Offices: professional services, doctors, finance, banks, civic; radio, television and recording studios, office space associated with other listed uses [approx. 215 s.f./person] 2-5: Ensure intensity criteria met 2: Locate structure max. distance from extended runway centerline where feasible Personal and Miscellaneous Services: barbers, car washes, print shops [approx. 200 s.f./person] 2-5: Ensure intensity criteria met 2: Locate structure max. distance from extended runway centerline where feasible Fueling Facilities: gas stations, trucking and other transportation fueling facilities 2-4: Ensure intensity criteria met 2: Store fuel underground or in above- ground storage tanks with combined max. capacity of 6,000 gallons; locate structure max. distance from extended runway centerline where feasible Industrial, Manufacturing, and Storage Uses Hazardous Materials Production and Storage (flammable, explosive, corrosive, or toxic): oil refineries, chemical plants  6, OAE: Allowed only if alternative site outside zone would not serve intended function; generation of steam or thermal plumes not allowed Heavy Industrial  6, OAE: Bulk storage of hazardous mate- rials allowed only for on-site use; permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft; generation of steam or thermal plumes not allowed Page 243 of 550 COMPATIBILITY POLICIES CHAPTER 3 Table 3A, continued Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–35 Intensity/Density Criteria 1 Airport Influence Area (See Map 3A) 2 Intensity Criteria Interpretation Compatibility Zones Other Airport Environs 1 2 3 4 5 6 Max. Sitewide Avg. Intensity (people/acre) Max. Single-Acre Intensity (people/acre) 0 3 0 3 60 120 100 300 150 450 100 300 300 1,200 no limit ▪ All nonresidential development must satisfy both sitewide and single-acre intensity limits Max. Sitewide Average Density (dwelling units/acre) 0 0.1 (10-ac. lot) 0.5 (2-ac. lot) 0.5 (2-ac. lot) 1.0 no limit no limit ▪ See Policy 3.5.1(b) for single-acre density limits Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all remain’g 25% 15% 15% 25% 15% no req. ▪ See Policy 3.5.6 for application ▪ Not applicable in Urban Overlay Zone Land Use Category Legend (see last page for interpretation) Additional Criteria ▪ Multiple land use categories may apply to a project ▪ Land uses not specifically listed shall be evaluated using criteria for similar uses ▪ Typical occupancy Load Factor [approx. s.f./person] indicated for certain uses 6 Incompatible Conditionally Compatible Normally Compatible ▪ Conditions listed below apply to uses listed as “Conditional” (yellow) for a particular zone ▪ See Policy 3.3.6 for avigation easement dedication requirements ▪ See Policy 3.7.1 for Recorded Overflight Notification requirements ▪ See Policy 3.7.2 for Airport Proximity Disclosure requirement Light Industrial, High Intensity: food products preparation, electronic equipment, bottling plant [approx. 200 s.f./person] 3-5: Ensure intensity criteria met; bulk storage of hazardous (flammable, explosive, corrosive, or toxic) materials allowed only for on-site use; permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft Light Industrial, Low Intensity: machine shops, wood products, auto repair [approx. 350 s.f./person] 2-5: Ensure intensity criteria met; bulk storage of hazardous (flammable, explosive, corrosive, or toxic) materials allowed only for on-site use; permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft 2: Locate structure max. distance from extended runway centerline where feasible Research and Development Laboratories [approx. 300 s.f./person] 2-5: Ensure intensity criteria met; bulk storage of hazardous (flammable, explosive, corrosive, or toxic) materials allowed only for on-site use; permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft 2: Locate structure max. distance from extended runway centerline where feasible Indoor Storage: wholesale sales, distribution centers, warehouses, mini/other indoor storage, barns, greenhouses [approx. 1,000 s.f./person] 2, 3, 5: Ensure intensity criteria met; ensure airspace obstruction does not occur Outdoor Storage: public works yards, automobile dismantling 1: Not allowed in Zone 1, only in 1* 1*, 2: Ensure intensity criteria are met 3; ensure airspace obstruction does not occur Page 244 of 550 CHAPTER 3 COMPATIBILITY POLICIES Table 3A, continued 3–36 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Intensity/Density Criteria 1 Airport Influence Area (See Map 3A) 2 Intensity Criteria Interpretation Compatibility Zones Other Airport Environs 1 2 3 4 5 6 Max. Sitewide Avg. Intensity (people/acre) Max. Single-Acre Intensity (people/acre) 0 3 0 3 60 120 100 300 150 450 100 300 300 1,200 no limit ▪ All nonresidential development must satisfy both sitewide and single-acre intensity limits Max. Sitewide Average Density (dwelling units/acre) 0 0.1 (10-ac. lot) 0.5 (2-ac. lot) 0.5 (2-ac. lot) 1.0 no limit no limit ▪ See Policy 3.5.1(b) for single-acre density limits Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all remain’g 25% 15% 15% 25% 15% no req. ▪ See Policy 3.5.6 for application ▪ Not applicable in Urban Overlay Zone Land Use Category Legend (see last page for interpretation) Additional Criteria ▪ Multiple land use categories may apply to a project ▪ Land uses not specifically listed shall be evaluated using criteria for similar uses ▪ Typical occupancy Load Factor [approx. s.f./person] indicated for certain uses 6 Incompatible Conditionally Compatible Normally Compatible ▪ Conditions listed below apply to uses listed as “Conditional” (yellow) for a particular zone ▪ See Policy 3.3.6 for avigation easement dedication requirements ▪ See Policy 3.7.1 for Recorded Overflight Notification requirements ▪ See Policy 3.7.2 for Airport Proximity Disclosure requirement Mining and Extraction  2-6: Generation of dust clouds, smoke, steam plumes not allowed; ensure airspace obstruction does not occur Transportation, Communication, and Utilities Airport Terminals: airline, general aviation Transportation Stations: rail/bus stations; taxi, trucking and other transportation terminals 2-5: Ensure intensity criteria met; ensure airspace obstruction does not occur Transportation Routes: road and rail transit lines, rights-of-way, bus stops 2: Avoid road intersections if traffic con- gestion occurs; ensure airspace obstruction does not occur Auto Parking: surface lots, structures 1: Not allowed in Zone 1, only in 1* 1*, 2: Ensure intensity criteria are met 3; Ensure airspace obstruction does not occur Communications Facilities: broadcast and cell towers, emergency communications  2- 6: Allowed only if site outside zone would not serve intended public function; locate structures max. distance from extended runway centerline where feasible; ensure all facilities and associated power lines meet airspace protection criteria (height, thermal plumes, glare, etc.) Page 245 of 550 COMPATIBILITY POLICIES CHAPTER 3 Table 3A, continued Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–37 Intensity/Density Criteria 1 Airport Influence Area (See Map 3A) 2 Intensity Criteria Interpretation Compatibility Zones Other Airport Environs 1 2 3 4 5 6 Max. Sitewide Avg. Intensity (people/acre) Max. Single-Acre Intensity (people/acre) 0 3 0 3 60 120 100 300 150 450 100 300 300 1,200 no limit ▪ All nonresidential development must satisfy both sitewide and single-acre intensity limits Max. Sitewide Average Density (dwelling units/acre) 0 0.1 (10-ac. lot) 0.5 (2-ac. lot) 0.5 (2-ac. lot) 1.0 no limit no limit ▪ See Policy 3.5.1(b) for single-acre density limits Urban Overlay Zone (dwelling units/acre) 4 15 35 ▪ See Policy 3.2.3(b) for application Open Land Requirement 5 all remain’g 25% 15% 15% 25% 15% no req. ▪ See Policy 3.5.6 for application ▪ Not applicable in Urban Overlay Zone Land Use Category Legend (see last page for interpretation) Additional Criteria ▪ Multiple land use categories may apply to a project ▪ Land uses not specifically listed shall be evaluated using criteria for similar uses ▪ Typical occupancy Load Factor [approx. s.f./person] indicated for certain uses 6 Incompatible Conditionally Compatible Normally Compatible ▪ Conditions listed below apply to uses listed as “Conditional” (yellow) for a particular zone ▪ See Policy 3.3.6 for avigation easement dedication requirements ▪ See Policy 3.7.1 for Recorded Overflight Notification requirements ▪ See Policy 3.7.2 for Airport Proximity Disclosure requirement Power Plants: primary, peaker, renewable energy, bio-energy  4, 5: Primary plants not allowed; peaker and renewable energy plants allowed only if site outside zone would not serve intended public function; ensure all facilities and associated power lines meet airspace protection criteria (height, thermal plumes, glare, etc.) 4: Locate structures max. distance from extended runway centerline 6: Primary plants allowed only if site outside zone would not serve intended public function Electrical Substations  3-5: Allowed only if site outside zone would not serve intended public function 4: Locate structures max. distance from extended runway centerline where feasible Wastewater Facilities: treatment, disposal  3, 4, 6, OAE: Allowed only if site outside zone would not serve intended public function; avoid new features that attract birds or provide mitigation consistent with FAA regulations 8 Solid Waste Disposal Facilities: landfill, incineration  3, 4, 6, OAE: Allowed only if site outside zone would not serve intended public function; avoid new features that attract birds or provide mitigation consistent with FAA regulations 8 Solid Waste Transfer Facilities, Recycle Centers  3, 4, 6: Allowed only if site outside zone would not serve intended public function; avoid new features that attract birds or provide mitigation consistent with FAA regulations 8 Page 246 of 550 CHAPTER 3 COMPATIBILITY POLICIES Table 3A, continued 3–38 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Land Use Acceptability Interpretation/Comments Normally Compatible Normal examples of the use are compatible with noise, safety, and airspace protection criteria. Atypical examples may require review to ensure compliance with usage intensity, lot coverage, and height limit criteria. Conditional Use is compatible if indicated usage intensity, lot coverage, and other listed conditions are met. For the purposes of these criteria, “avoid” is intended as cautionary guidance, not a prohibition of the use. Generally Incompatible Use should not be permitted under any circumstances. Page 247 of 550 COMPATIBILITY POLICIES CHAPTER 3 Table 3A, continued Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–39 Notes  Indicates land use that is or may be highly noise sensitive. Exercise caution with regard to approval of outdoor uses —evaluate potential for aircraft noise to disrupt the activity. Indoor uses may require addition of sound attenuation to structure. See Section 3.3 for criteria.  Indicates land use that may attract birds, generate dust, produce smoke or steam plumes, create electronic interference, or otherwise pose hazards to flight. See Section 3.5 for criteria. 1 Residential and nonresidential uses must comply with both the “sitewide average” and “single-acre” Density and Intensity limits indicated for the Compatibility Zone(s) in which the Project is located (see Section 3.5). Density and Intensity criteria apply to all uses including ones shown as “Normally Compatible” (green) and “Conditional” (yellow). Density is measured in terms of number of dwelling units per acre. Usage Intensity calculations shall include all people (e.g., employees, customers/visitors) who may be on the property at any single point in time during typical busy periods, whether indoors or outdoors (see Policy 3.2.6). Exceptions can be made for Rare Special Events (e.g., an air show at the airport, street fair) for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate (see Policy 3.8.1). The usage Intensities shall be calculated in accordance with the methodologies cited in Policy 3.5.3. 2 Airport Influence Area (also referred to as the Referral Area) includes the area shown in Map 3A, in which current or future airport- related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restricti ons on those uses. The Airport Influence Area includes Compatibility Zones 1 through 6 plus the Other Airport Environs areas underlying the Airspace Protection Surfaces shown in Map 3B. 3 Within Compatibility Zone 1*, sitewide average and single-acre intensities of up to 10 people per acre shall be allowed. See Policy 3.2.3(c). 4 Urban Overlay Zone covering portions of Compatibility Zones 3 and 4 provides exceptions to the indicated basic density criteria to reflect existing land use patterns and allow multifamily residential uses (see Policy 3.2.3(b)). 5 Open land requirements are intended to be applied with respect to an entire zone (see Policy 3.5.6). This is typically accomplished as part of a local general plan or specific plan but may also apply to large (10 acres or more) development Projects. Providing open land is not required in the Urban Overlay Zone. 6 Occupancy Load Factors [approximate number of square feet per person] cited for many listed land use categories are based on information from various sources and are intended to represent “typical busy-period” usage (or “peak” usage) for typical examples of the land use category. These Occupancy Load Factors differ from those provided in the California Building Code (CBC), as the CBC considers the absolute maximum number of people that can be safely accommodated in a building. See Policy 3.5.3. 7 The 35-foot height criterion is an evaluation threshold. Objects shorter than 35 feet do not pose airspace protection issues in these zones. Objects 35 feet high or taller should be evaluated to ensure compliance with airspace protection criteria. 8 No proposed Project shall be allowed that would create an increased attraction for wildlife and that is inconsistent with FAA rules and regulations including, but not limited to, FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports and Advisory Circular 150/5200-34A, Construction or Establishment of Landfills near Public Airports. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds that pose bird strike hazards to aircraft in flight. See Policy 3.6.4. 9 Specific characteristics to be avoided include: sources of glare (such as from mirrored or other highly reflective structures or building features) or bright lights (including search lights and laser light displays); distracting lights that could be mistaken for airport lights; sources of dust, steam, or smoke that may impair pilots’ vision; sources of steam or other emissions that cause thermal plumes or other forms of unstable air; and sources of electrical interference with aircraft communications or navigation. See Policy 3.6.4. 10 Clustering of residential development is permitted. However, no single acre of a project site shall exceed 1.5 times the average allowed Density for the respective zone, including the Urban Overlay Zone. See Policy 3.5.1. 11 Family day care home means a home that regularly provides care, protection, and supervision for 14 or fewer children , in the provider’s own home, for periods of less than 24 hours per day. Small family day care homes provide care for eight or fewer children and large family day care homes provide care for 7 to 14 children (Health and Safety Code Section 1596.78). Page 248 of 550 CHAPTER 4 AIRPORT -SPECIFIC COMPATIBILITY POLICIES AND MAPS 4–40 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) This page intentionally blank Page 249 of 550 COMPATIBILITY POLICIES CHAPTER 3 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 3–41 Table 3B Compatibility Zone Delineation Zone Noise and Overflight Factors Safety and Airspace Protection Factors 1 and 1* Runway Protection Zone Noise Impact: Very High ▪ Mostly above CNEL 60 dB, particularly when Cal Fire aircraft operate Risk Level: Very High ▪ Defined by Handbook Safety Zone 1 as modified to reflect Runway Protection Zones (RPZs) from 2016 Airport Layout Plan (ALP) ▪ UKIALUCP Zone 1* encompasses RPZs for 5,000-foot run- way ▪ Aircraft on very close final approach or departure; nearly 20% of near-runway general aviation accidents occur in this zone ▪ Aircraft at altitudes of less than 200 feet above runway ▪ Object heights restricted to <35 feet in some areas 2 Inner Approach/ Departure Zone Noise Impact: High ▪ Typically above CNEL 60 dB, particu- larly when Cal Fire aircraft operate ▪ Single-event noise sufficient to disrupt a wide range of land use activities includ- ing indoors if windows open Risk Level: High ▪ Define by Handbook Safety Zone 2 for existing runway con- figuration ▪ Aircraft overflying at low altitudes on final approach and straight-out departures—typically only 200 to 400 feet above the runway elevation ▪ Some 8% to 22% of near-runway general aviation acci- dents occur in this zone ▪ Object heights restricted to <35 feet in some areas 3 Inner Turning Zone Noise Impact: Moderate ▪ May exceed CNEL 55 dB, particularly when Cal Fire aircraft operate ▪ Single-event noise sufficient to disrupt noise-sensitive land uses Risk Level: Moderate to High ▪ Defined by Handbook Safety Zone 3 ▪ Aircraft—especially smaller, piston-powered aircraft—turn- ing base to final on landing approach or initiating turn to en route direction on departure; aircraft altitude typically less than 500 feet above runway, particularly on landing ▪ About 4% to 8% of near-runway general aviation accidents occur in this zone ▪ Object heights restricted to <35 feet in some areas 4 Extended Approach/ Departure Zone Noise Impact: Moderate ▪ May exceed CNEL 55 dB, particularly when Cal Fire aircraft operate ▪ Single-event noise sufficient to disrupt noise-sensitive land uses Risk Level: Moderate ▪ Define by Handbook Safety Zone 4 and northerly portion of Safety Zone 2 for future runway configuration ▪ Aircraft on approach typically less than traffic pattern alti- tude (less than 1,000 feet above runway) ▪ About 2% to 6% of near-runway general aviation accidents occur in this zone ▪ Object heights restricted to <100 feet in some areas 5 Sideline Zone Noise Impact: Moderate to High ▪ Mostly above CNEL 55 dB ▪ Single-event noise sufficient to disrupt noise-sensitive land uses Risk Level: Low to Moderate ▪ Defined by Handbook Safety Zone 5 ▪ Area not normally overflown; primary risk is with aircraft (especially twins) losing directional control on takeoff, ex- cessive crossing gusts or engine torque ▪ About 3% to 5% of near-runway general aviation accidents occur in this zone ▪ Object heights restricted to <35 feet in some areas 6 Traffic Pattern Zone Noise Impact: Low ▪ Typically below CNEL 55 dB ▪ Aircraft typically at or below 1,000-foot traffic pattern altitude ▪ Noise more of a concern with respect to individual loud events than with cumula- tive noise contours; frequent individual noise events sufficient to intrude upon indoor activities Risk Level: Low ▪ Defined by Handbook Safety Zone 6 ▪ Includes areas within the standard traffic pattern and pat- tern entry routes; aircraft altitude typically 1,000 to 1,500 feet above runway ▪ Risk is a factor for highly risk-sensitive uses (e.g., very high-intensity uses, children’s schools, hospitals, bulk stor- age of highly hazardous materials) ▪ Some 18% to 29% of near-runway general aviation acci- dents occur here; but the large area encompassed means a low likelihood of accident occurrence in any given loca- tion ▪ Airspace concern is generally with object heights >100 feet above runway elevation Page 250 of 550 CHAPTER 3 COMPATIBILITY POLICIES 3–42 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Table 3B (Continued) Compatibility Zone Factors Zone Noise and Overflight Factors Safety and Airspace Protection Factors OAE Other Airport Environs Zone Noise Impact: Low ▪ Beyond the 55-CNEL contour ▪ Occasional overflights intrusive to some outdoor activities Risk Level: Low ▪ Includes remainder of area within the CFR Part 77 coni- cal surface which defines the Airport Influence Area ▪ Airspace concern is generally with object heights >100 feet above runway elevation UO Urban Overlay Zone Noise Impact: Low ▪ Beyond the 55-CNEL contour ▪ Reflects relatively high ambient noise level of urbanized area Risk Level: Moderate ▪ Includes Zones 3 and 4 to north (within City of Ukiah) and Zone 3 to southwest (within unincorporated Mendocino County) ▪ Risk concern is primarily with uses for which potential consequences are severe (e.g. very-high-intensity activi- ties in a confined area) ▪ Object heights restricted to <35 feet in some areas ACP Airspace Critical Protection Zone Noise Impact: Low ▪ Individual noise events slightly louder be- cause high terrain reduces altitude of overflights Risk Level: Moderate to High ▪ Modest risk because high terrain constitutes airspace ob- struction ▪ Key concern is tall single objects (e.g., antennas) AHT Airspace High Terrain Zone Noise Impact: Low ▪ Individual noise events slightly louder be- cause high terrain reduces altitude of overflights Risk Level: Moderate ▪ Modest risk because high terrain constitutes airspace ob- struction ▪ Key concern is tall single objects (e.g., antennas) Notes: 1. Handbook Safety Zone Source: California Airport Land Use Planning Handbook (2011). Page 251 of 550 55 1 23 3 3 3 4 2 4 6 6 6 Boonville Ukiah Rd. Ukiah 3 3 1 5 6 6 6 Mend ocino County(Unincorporated) Mend ocino County(Unincorporated) G o b b i S t . Low Gap Rd. Vichy Springs Rd. Talmage Rd. Eastside Rd. H i g h w a y 1 0 1 Hastings Ave. Gobalet St. D o r a S t . A i r p o r t P a r k B l v d . S t a t e S t . Ukiah 1* 1* Compatibili ty Zones Zone 1: Runway Protection Zo ne (RPZ ) Zone 1*: U ltim ate Ru nway P rotection Zone (R PZ) Zone 2: Inner Aprroach/Departure Zone Zone 3: Inner Turn ing Zone Zone 4: Outer Approach/Departure Zone Zone 5: Side line Zone Zone 6: Traffic Patte rn Zone Urban Overlay Zone Other Airport Environs Source: Mead & Hunt, Inc. CHAPTER 3COMPATIBILITY POLICIES 0 4,000 8,000Feet F Notes 1. All Co mp atibility Zon es: Reflect sa fety zo nes for aGeneral Aviation Runwa y with Single-Sided Tra fficPattern provide d in the 20 11 C alifornia Airpo rt Land Use Planning Handb ook (H andbo ok). Zone 1: Base d o n the Run way Protection Zo nes(R PZs) pro vided in City and FAA app roved Airp ort Layout Plan (2 016). Zone 1* reflects an ultima teRunway Prote ctio n Zone (RPZ) for a n u ltimaterunway leng th of 5 ,00 0 feet to serve fu ture ope rationsby Ca lFire L ockh eed C-130 aircra ft. Zones 2 and 4 (north): Zo ne 2 re fle cts Handb ookSafety Zone 2 for e xistin g R unway 15 end . Zon e 4includes ou ter portion s of H andbo ok Safety Zone 2 fo rfuture Runw ay 15 en d. Futu re n orthe rly run wayextension is intended to provide ad ditiona l ru nway leng thfor depa rtures to sou th; land ing th reshold at Runwa y 15end will remain in its current p osition. Zones 2 – 4 (sou th): O ffset by 5 -d egrees to reflectsouthern flight rou te whe re a ircra ft u se H ighwa y 101 as a lan dmark Urb an Overla y Zo ne: Provid es a de nsity increa sewithin Zo nes 3 an d 4 to North a nd Zon e 3 to So uth westto reflect existing land use patte rn s. Map 3A Compatibility Policy MapUkiah M unicipal Airport Mendocino CountyAirport Land Use Commission (Adopted May 20, 2021) Ukiah Municipal AirportLand Use Compatibility Plan Legend Existing Runway (4,423' Ex. Length) Future Runway Extension (4,888' Fut. Length) Existing Airport Property Boundary City Limit Boundary ! !! ! !! City Sphere of Influence (extends off map view) Airport Influence Area N o r g a r d L n . Hwy. 101 Page 252 of 550 Page 253 of 550 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!! ! ! ! ! !! ! ! !! ! ! ! ! !!!!!!! ! ! ! ! !!!!!!! G o b b i S t . Low Gap Rd. Vichy Springs R d. Talmage Rd. Eastside Rd. Boonville Ukiah Rd. H i g h w a y 1 0 1 Ukiah Horizontal SurfaceElevation 768'(150' Above AirportElevation of 618')20:1Conical Surface7:1 TransitionalSurface, Typ. 20:1 ApproachSurface 34:1 ApproachSurface 968'918' 868'818'768' 7 6 8 ' 7 1 8 ' 6 6 8 ' 3 3 1 5 Mend ocino County(Unincorporated) Mend ocino County(Unincorporated) Ukiah Legend Existing R unw ay (4,42 3' Ex. Le ng th ) Fu tu re Run way Exten sion (4 ,8 88' Fut. L eng th ) Existing Airp ort Pro pe rty Bou nda ry City Limit Bou nda ry ! !! ! !! City Sphe re of Influ en ce (extend s o ff map view ) Airpo rt Influe nce Area Map 3B Source: Mead & Hunt, Inc. CHAPTER 3COMPATIBILITY POLICIES 0 4,000 8,000Feet F Airspace Obstruction Surfaces Airspace Pro tection Zones Airspace Pro tection Surface C ontour (50' interval) Airspace Critical P rotection Zone Airspace High Terrain Zone Notes1. Source: Title 14 Code of Federal Regulation Part 77, Safe,Efficient Use and Preservation of N avigableAirspace as applied to Ukiah Municipal Airport futurerunway length. (Adopted May 20, 2021) Ukiah Municipal AirportLand Use Compatibility Plan 1 Mendocino CountyAirport Land Use Commission Airspace Protection ZonesUkiah M unicipal Airport Page 254 of 550 Page 255 of 550 MENDOCINO COUNTY AIRPORT LAND USE COMMISSION CHAPTER 4 BACKGROUND DATA Airport Land Use Compatibility Plan Page 256 of 550 Page 257 of 550 4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 4–1 Background Data: Ukiah Municipal Airport and Environs I NTRODUCTION Ukiah Municipal Airport is owned and operated by the City of Ukiah and is located within the southern part of the city limits approximately 0.3 miles west of State Highway 101. Ukiah is situated within the southeastern corner of Mendocino County and is surrounded by hills to the west and south, Lake Mendocino to the northeast, and the Mayacamas Mountains to the east. Land uses near the airport are low-to-moderate-density urban to the north and west as well as immediately to the east between the airport and highway. The city center is located to the north of the airport. The areas south and east are mostly in unincorporated Mendocino County and dedicated to agriculture and commercial development. The City’s sphere of influence shows future annexation to the north and west. Construction of the Ukiah Municipal Airport began in 1942 and included a single 4,000-foot by 150-foot runway and a 50-foot-wide parallel taxiway. In 1954, the runway was extended to 5,000 feet. In 1986, the Runway 15 threshold was relocated southward to meet Federal Aviation Administration (FAA) requirements. The current length of the runway is 4,423 feet. Runway 15 is served with a straight-in, non- precision instrument approach procedure. Runway 33 is served with circle-to-land procedures. The airport presently occupies 160 acres. Available information suggests that the southward shift of the approach end of Runway 15 was done to provide standard approach surface clearances over the adjacent street (Hastings Avenue). The abandoned portion of the runway was converted to an aligned taxiway. It is unclear why a displaced threshold was not used. In 2015, a planning effort was undertaken to update the Airport Layout Plan (ALP) in advance of a runway pavement rehabilitation project. As part of that ALP, the FAA requested a modification to the aligned taxiway leading to the Runway 15 approach end. The accepted solution was to plan for an eventual shift of the runway end 465 feet to the north utilizing a displaced landing threshold, situated where the current runway end is established, to maintain required clearances over Hastings Avenue. In 2016, the FAA approved and the City of Ukiah adopted the ALP with the proposed 465-foot northerly extension to Runway 15-33. The 2016 approved ALP depicts a future runway length of 4,888 feet and a runway width reduced from 150 feet to 75 feet in accordance with current FAA standards. The Caltrans Division of Aeronautics accepted the ALP in May 2019 as the basis of this UKIALUCP. Page 258 of 550 CHAPTER 4 BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS 4–2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) As shown on the ALP, this proposed extension results in a future Runway Protection Zone (RPZ) that extends farther to the north than the existing RPZ. Given the trapezoidal shape of the RPZ, the existing RPZ encompasses narrow strips of land outside the edges of the future RPZ. The Airport Land Use Compatibility Plan (ALUCP) compatibility zones protect both the existing and future Ukiah Municipal Airport RPZs. At such time as the runway extension has been constructed and the “future” RPZ becomes the “existing” RPZ, the present RPZ can be eliminated from the UKIALUCP. In November 2020, the Ukiah City Council approved a recommendation to the ALUC that the UKIALUCP protect for an ultimate 5,000-foot runway to accommodate operations by CalFire Lockheed C-130 fire attack aircraft. The City’s recommendation is reflected in the compatibility map and criteria contained in Chapter 3 of this UKIALUCP by addition of a Compatibility Zone 1* beyond Zone 1 at each end of the runway. Inclusion of a Compatibility Zone 1* at both runway ends rather than just one preserves the option for the additional runway length to be provided on either the north or the south. Each of the 1* zones encompasses the outer 112 feet of the RPZ associated with a 5,000 -foot runway length extended in one direction or the other. Although this runway length is not specifically depicted in the 2016 ALP, the drawing indicates that City either owns outright or controls avigation easements on the lands that would be within an ultimate RPZ at either end of the runway. Also, land uses within these areas have been restricted under the 1996 ACLUP for the airport where they are shown as lying within Zone A*. The 2021 UKIALUCP brings forward the 1996 criteria only to the areas that would be within the shifted RPZs, not the remainder of the former Zone A* areas. Besides the RPZ, the proposed extension also impacts other aeronautical factors, specifically airspace protection and noise, that directly affects this UKIALUCP. The shifted runway end will change the future location of Code of Federal Regulation (CFR) Part 77 Airspace Protection Surfaces. This change is reflected in the 2016 ALP drawing set and is brought forward into this UKIALUCP along with the surfaces associated with the existing runway configuration. The outermost boundary of the Part 77 surfaces for the 4,888-foot runway length comprises the Airport Influence Area shown in Chapter 3 and in this chapter’s maps. Use of the surfaces associated with a 5,000-foot runway would have insignificant effect on allowable heights of objects near the airport other than potentially within Compatibility Zones 1 and 1*. Noise contours also differ slightly between the current and 4,888-foot runway configurations. With the future runway end shift, aircraft will begin their takeoff roll on Runway 15 farther north. This slightly increases noise impacts behind the aircraft to the north and reduces the impact beyond the departure end of the runway to the south. Because the Runway 15 landing threshold will remain in the same place as it now is, noise impacts of aircraft landing from the north on Runway 15 will not change. The impacts of aircraft taking off toward the north on Runway 33 will also not be affected. Given that the slight increase in noise impacts is to the north where land use development is greater than to the south, the noise contours utilized in this UKIALUCP and shown in Exhibit 4-4 reflect the 4,888-foot runway configuration. The noise impacts associated with a 5,000-foot runway would differ very little from those of the 4,888-foot length if the same mix of aircraft is assumed. Use of the C-130 may somewhat expand the noise contours, but this could be counterbalanced if fewer operations are needed because of the greater fire retardant capacity of these aircraft compared to the current S-2T fleet. Additional changes proposed on the 2016 ALP include a fee simple land acquisition of approximately 1.4 acres and avigation easement acquisition of 4.2 acres of land to the north of the runway. These acquisitions will occur in the future and protect the area for the northerly runway extension. Page 259 of 550 BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS CHAPTER 4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 4–3 The airport is a non-towered general aviation facility; therefore, precise operational statistics are not available. Data on current activity levels, fleet mix, and flight patterns were established through conversations with airport management. Discussions with airport management indicate that operations can vary greatly day-to-day, dependent on the season. The airport serves as a CalFire Air Attack Base. Throughout fire season, CalFire uses the airport to assist in battling wild and forest fires in the region. The airport is also used for flight training in the area, which is most active during the summer months. This UKIALUCP takes into account potential long-term growth in airport activity as well as the noise impacts associated with busy fire attack aircraft activity. The following exhibits illustrate the compatibility factors and background information that serve as the basis for this Ukiah Municipal Airport Land Use Compatibility Plan. ▪ Exhibit 4-1: Airport Features Summary. Presents information pertaining to the airport configuration, operational characteristics, and applicable planning documents. ▪ Exhibit 4-2: Airport Layout Plan. The 2016 FAA-approved ALP, which was accepted by the Caltrans Division of Aeronautics as the basis of this UKIALUCP in May 2019, depicts the existing and proposed future configuration of the airfield and airport building areas. It reflects proposed future aviation compatible commercial and industrial areas as well as non-aviation commercial areas. Proposed facility improvements include a proposed tiedown apron, fuel farm, box hangars, and helicopter parking spaces. ▪ Exhibit 4-3: Airport Activity Data Summary. This table summarizes existing and forecast airport activity data. Airport records indicate approximately 15,458 annual operations and 78 based aircraft as of April 2019. The 2016 ALP effort did not include an update to aviation activity forecasts. The 15,458 annual operations count has been provided and confirmed by Ukiah Airport Mana gement. This UKIALUCP assumes 30,916 annual operations at the end of the 20-year planning period. This represents a theoretical maximum for compatibility planning purposes. ▪ Exhibit 4-4 through 4-7: Compatibility Factors. Depicts the extents of the four compatibility factors upon which the Compatibility Zones for Ukiah Municipal Airport were derived. The four compatibility factors are defined by: ▫ Noise – Future noise contours reflecting an aircraft activity forecast level of 30,916 annual operations. The Compatibility Zones also consider the CalFire noise contours representing a typical fire event day with 44 departures and 44 arrivals split evenly between Runways 15 and 33. The aircraft type modeled is the Grumman S-2 Tracker (S-2T). ▫ Safety – Generic safety zones provided in the California Airport Land Use Planning Handbook (October 2011) are applied to the existing and future runway configurations in the following manner: · Runway 15/33: Safety zones for a medium general aviation runway (length 4,000 feet to 5,999 feet) are applied to the existing (4,423-foot) and future (4,888-foot) runway configurations. · North Side Traffic Pattern: Although a future northerly extension of Runway 15 is proposed in the 2016 ALP, the landing threshold will be conterminous with the existing runway end. As such, Zone 2 is based on the existing runway configuration. Zone 4 is enlarged to include the northly portion of Zone 2 for the future runway configuration. · East Side Traffic Pattern: Consistent with state guidance, safety zones on the west side of the airport have been adjusted to reflect the airport’s single-sided traffic pattern on the east side of Page 260 of 550 CHAPTER 4 BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS 4–4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) the airport, which is necessitated by high terrain located to the west. Accordingly, Zone 3 is truncated, and Zone 6 is omitted. · Southern Traffic Pattern: Safety zones south of the approach end of Runway 33 are angled 5 degrees to the east to reflect the common practice used by pilots whereby pilots align with Highway 101 when departing to the south or on approach to Runway 33. ▫ Overflight – Primary traffic patterns reflecting where aircraft operating at the airport routinely fly. ▫ Airspace Protection – Outer boundary of the Obstruction Surfaces as defined by Code of Federal Regulation (CFR) Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace. Surfaces associated with both the existing and future 4,888-foot runway configurations are depicted. The surfaces for an ultimate 5,000-foot runway are not shown. ▪ Exhibit 4-8: Airport Environs Information. Summarizes information about current land uses in the environs of the Ukiah Municipal Airport. The status of local general plans and airport land use compatibility policies contained in those plans are also summarized. ▪ Exhibit 4-9: County of Mendocino General Plan Land Uses. Shows the planned land use designations as reflected in the Mendocino County General Plan (adopted August 2009). ▪ Exhibit 4-10: City of Ukiah General Land Uses. Shows planned land use designations as reflected in the Ukiah Valley General Plan and Growth Management Program (adopted December 6, 1995). Page 261 of 550 BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS CHAPTER 4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 4–5 Exhibit 4-1 Airport Features Summary Ukiah Municipal Airport GENERAL INFORMATION ▪ Airport Ownership: City of Ukiah ▪ Property Size: 160 acres ▪ Airport Classification: General Aviation, regional use ▪ Airport Elevation: 616.8 MSL AIRPORT PLANNING DOCUMENTS ▪ Airport Master Plan (July 1996) ▪ Airport Layout Plan (April 2015; FAA approval January 2016) RUNWAY/TAXIWAY DESIGN Runway 15/33 ▪ Critical Aircraft: Beech King Air 200 ▪ Airport Category/Design Group: Airport Reference Code B-II ▪ Dimensions: 4,423 ft. long, 150 feet wide ▪ Pavement Strength (main landing gear configuration) ▫ Single wheel: 28,000 lbs ▪ Average Gradient: 0.3% (rising to north) ▪ Runway Lighting: MIRL ▫ Runway 15/33: REIL & VASI ▫ Runway 15: REIL Runway 33 ▪ Primary Taxiways: 50-foot wide parallel taxiway APPROACH PROTECTION ▪ Runway Protection Zones (RPZs) ▫ Runway 15: 500 ft. x 700 ft. x 1,000 ft. ▫ Runway 33: 500 ft. x 700 ft. x 1,000 ft. ▪ Approach Obstacles ▫ Runway 15: 27 ft. trees, 950 ft from runway, 190 ft. right of centerline, 27:1 slope to clear ▫ Runway 33: 27 ft. trees, 700 ft. from runway, 135 ft. left of centerline, 18:1 slope to clear TRAFFIC PATTERNS AND APPROACH PROCEDURES ▪ Airplane Traffic Patterns ▫ Left traffic on Runway 15; right traffic on Runway 33 ▫ Pattern altitude: 800 feet AGL ▪ Instrument Approach Procedures ▫ Runway 15 LOC (nonprecision):  Straight-in: 1 1/4 mile visibility, 1,800 ft. min. descent ht.  Missed approach turns east  Circling (1 1/4 mi. visibility, 1,800 ft. min. descent height) ▫ Runway 33 VOR (nonprecision):  Approach course from southeast (022°)  Circling: 1 1/4 mile visibility, 2,800 ft. min. descent ht. ▫ Runway 33 RNAV (GPS):  Approach course from south  Circling: 1 ¼ mile visibility, 2,000 ft. min descent ht. ▪ Visual Approach Aids ▫ Airport: Beacon ▫ Runway 15: VASI 4L, REIL ▫ Runway 33: REIL ▪ Other ▫ CalFire Air Attack/Helitack Base located on Airport property. BUILDING AREA ▪ Location ▫ Most facilities west of Runway 15/33 ▪ Aircraft Parking Capacity ▫ Four primary tie-down areas; 65 spaces ▫ Two T-hangar buildings; appx. 20 aircraft ▫ One shade hangar; 14 aircraft ▫ One primary auto parking area; appx. 75 spaces ▪ Other Major Facilities ▫ City limits are predominately to the northwest ▫ South and east area is dedicated to agriculture and commercial development ▫ Highway 101 less than one mile to the east of the airport ▪ Services ▫ Airport has one fixed base operator (City of Ukiah) ▫ Aviation gasoline (self-service available) ▫ 100LL and Jet A ▫ Aircraft rental; flight instruction; pilot supplies PLANNED FACILITY IMPROVEMENTS ▪ Airfield ▫ Extend runway 465 feet to north to 4,888 feet ▫ Acquire Fee Simple of 6.7 acres ▫ Acquire Avigation Easement of 1.5 acres ▫ Preserve option of extending runway to 5,000 feet ▪ Building Area ▫ Tiedown Apron ▫ Fuel Farm ▫ Wash Rack ▫ PAPI ▫ Box Hangars ▫ Helicopter Parking Spaces ▪ Approach Protection ▫ None Notes Sources: Data Compiled by Mead & Hunt (March 2019); Airport Layout Plan (1996), FAA 5010, AIRNAV, City of Ukiah. Page 262 of 550 CHAPTER 4 BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS 4–6 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) This page left intentionally blank Page 263 of 550 BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS CHAPTER 4 Exhibit 4-2 C: \ U s e r s \ 8 7 0 t m e \ a p p d a t a \ l o c a l \ t e m p \ A c P u b l i s h _ 7 9 4 8 \ U K I - a i r p o r t - l a y o u t - E x h 4 - 2 . d w g M a y 3 0 , 2 0 1 9 - 2 : 4 9 p m Prepared By: www.meadhunt.com Accepted by Caltrans Division of Aeronautics as basis of ALUCP on 5/23/19 Page 264 of 550 Page 265 of 550 BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS CHAPTER 4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 4–7 Exhibit 4-3 Airport Activity Data Summary Ukiah Municipal Airport BASED AIRCRAFT Current c Future a 2019 2039 Aircraft Type Single-Engine 70 70 Multi-Engine 2 2 Jet 0 0 Helicopters 2 2 Gliders 1 1 Military 0 0 Ultra-Light 3 4 Total 78 79 AIRCRAFT OPERATIONS Current c Future a 2019 2039 Total Annual 15,458 30,916 Average Day, Annual 42 85 Distribution by Operation Type c Local (incl. touch-and-goes) 38% No Itinerant 62% Change Distribution by Aircraft Type a General Aviation Single-Engine Piston 77% Single-Engine Turbine 9% Twin-Engine Piston 1% Jet <1% No Helicopter 6% Change Gliders <1% Military <1% Ultra-Light <1% Fire Attack 6% RUNWAY USE DISTRIBUTION Current Future Takeoffs & Landings Single-Engine Aircraft Runway 15 50% 50% Runway 33 50% 50% Twin-Engine & Business Jet Aircraft Runway 15 50% 50% Runway 33 50% 50% TIME OF DAY DISTRIBUTION Day Evening Night Single-Engine Aircraft 95% 4% 1% Twin-Engine Aircraft & 95% 4% 1% Business Jet Aircraft FLIGHT TRACK USAGE b All Aircraft ▪ Left traffic on Runway 15; right traffic on Runway 33 ▪ Noise abatement departure procedure in effect for departures on Runway 33 Notes a Source: Prepared by Mead & Hunt, 2019 b Source: Ukiah Municipal Airport Master Plan (1996) c Source: FAA 5010 Airport Master Record (2019) Source: Data Compiled by Mead & Hunt (May 2019) Page 266 of 550 CHAPTER 4 BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT 4–8 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) This page left intentionally blank Page 267 of 550 G o b b i S t . Talmage Rd. Eastside Rd. Boonville Ukiah Rd. H ig h w a y 1 0 1 Ukiah 55 CNEL 60 CNEL 65 CNEL 55 CNEL 60 CNEL 65 CNEL 3 3 1 5 Mend ocino County(Unincorporated) Mend ocino County(Unincorporated) Ukiah Legend Existing R unw ay (4,42 3' Ex. Le ng th ) Fu tu re Run way Exten sion (4 ,8 88' Fut. L eng th ) Existing Airp ort Pro pe rty Bou nda ry City Limit Bou nda ry ! !! ! !! City Sphe re of Influ en ce (extend s o ff map view ) Airpo rt Influe nce Area Exhibit 4-4 Compatibility Factors: NoiseUkiah M unicipal AirportSource: Mead & Hunt, Inc. CHAPTER 4BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS 0 2,500 5,000Feet F Airport Noise Contours Avg. Annual Day (30,916 Future Annual Ops) Cal Fire Typical Fire-Event Day Notes 1. Source: Mead & Hunt, Inc. (May 2019). Forecast based on2019 activity data provided by Ukiah M unicipal AirportManagement. Forecast represents a theoretical m aximumfor com patibility planning purposes. 2. Source: Mead & Hunt, Inc. (2019). The Cal Fire noisecontours represent a typical fire event day w ith 44Departures and 44 arrivals split evenly between R unways15 and 33. Aircraft type m odeled was the S-2T. 3. Portions of the Airport Influence Area may extend beyondmap limits. Mendocino CountyAirport Land Use Commission (Adopted May 20, 2021) Ukiah Municipal AirportLand Use Compatibility Plan 2 1 3 Co mpatibility Zones Zone 1: Runway Protection Zone (RPZ) Zone 1*: Ultimate Runway Protection Zone (RPZ) Zone 2: Inner Aprroach/Departure Zone Zone 3: Inner Turning Zone Zone 4: Outer Approach/Departure Zone Zone 5: Sideline Zone Zone 6: Traffic Pattern Zone Urba n Overlay Zo ne Othe r Airpo rt Environs Page 268 of 550 Page 269 of 550 5 ° 6 1 55 1 1 2 3 3 4 2 4 66 6 6 6 G o b b i S t . Talmage Rd. Eastside Rd. Boonville Ukiah Rd. H i g h w a y 1 0 1 Ukiah 3 3 1 5 Mend ocino County(Unincorporated) Mend ocino County(Unincorporated) Ukiah Legend Existing R unw ay (4,423' E x. Length) Future R unw ay Extension (4,888' Fut. Length) Existing Airport Property Boundary City Limit Boundary ! !! ! !! City S phere of Infl uence (extends off map view) Airport Influence A rea Exhibit 4-5 Compatibility Factor: SafetyUkiah M unicipal AirportSource: Mead & Hunt, Inc. CHAPTER 4BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS 0 2,500 5,000Feet F Runw ay Protection ZoneInner A pproach/Departure ZoneInner Turning ZoneOuter Approach/Departure ZoneSideline ZoneTraffic Pattern Zone Handbook Safety Zones (Med. GA Runway) Safety Zones (Applie d to E xisting Runw ay) Safety Zones (Applie d to F ut. R unway Extension) Notes 1. Source: California Airport Land Use PlanningHandbook (Handbook) published by California D epartm entof Transportation, Division of Aeronautics (2011).Consistent w ith Handbook, Zone 1 m odified to reflect theRunway Protection Zone (RPZ) onFAA-approved Airport Layout Plan (2015). 2. Portions of the Airport Influence Area may extend beyondmap limits. (Adopted May 20, 2021) Ukiah Municipal AirportLand Use Compatibility Plan 2 1 Mendocino CountyAirport Land U se Commission Compatibility Zones Zone 1: Runway Protection Z one (RPZ) Zone 1*: Ultim ate Runway Pro tection Zone (RPZ) Zone 2: In ner Aprroach/Depa rture Z one Zone 3: In ner Turning Zone Zone 4: Ou ter App roach/Depart ure Zon e Zone 5: Sideline Zon e Zone 6: Traffic Pattern Z one Urb an Overlay Zon e Oth er Airp ort Environs 123456 Page 270 of 550 Page 271 of 550 G o b b i S t . Talmage Rd. Eastside Rd. Boonville Ukiah Rd. H i g h w a y 1 0 1 Ukiah 3 3 1 5 Mend ocino County(Unincorporated) Mend ocino County(Unincorporated) Ukiah Legend Existing R unw ay (4,42 3' Ex. Le ng th ) Fu tu re R unw ay Exte nsion (4,88 8' Fu t. Le ngth) Existing Airp ort Pro pe rty Bou nda ry City Limit Bou nda ry ! !! ! !! City Sphe re of Influ en ce (extend s o ff map view ) Airpo rt Influe nce Area Exhibit 4-6 Compatibility Factor: OverflightUkiah M unicipal AirportSource: Mead & Hunt, Inc. CHAPTER 4BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS 0 2,500 5,000Feet F Notes 1. Source: General flight patterns identified byUkiah Airport Management. 2. Portions of the Airport Influence Area may extend beyondmap limits. General Flight Patterns Fixed Wing Aircraft - Arrival Fixed Wing Aircraft - Departure Fixed Wing Aircraft - Touch-and-Go Helicopter - Arrival Helicopter - De parture (Adopted May 20, 2021) Ukiah Municipal AirportLand Use Compatibility Plan Mendocino CountyAirport Land Use Commission 2 1 Compatibility Zones Zone 1: Runway P rotection Zone (RPZ) Zone 1*: Ultim ate Runway Protection Zone (RPZ) Zone 2: Inner Aprroach/Departure Zone Zone 3: Inner Turning Zone Zone 4: O uter Approach/Departure Zone Zone 5: Sideline Zone Zone 6: Traffic Pattern Zone Urban Overlay Zone Other Airport Environs Page 272 of 550 Page 273 of 550 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!! ! ! ! ! !!! ! !! ! ! ! ! !!!!!!! ! ! ! ! !!!!!!! G o b b i S t . Low Gap Rd. Vichy Springs R d. Talmage Rd. Eastside Rd. Boonville Ukiah Rd. H i g h w a y 1 0 1 Ukiah Horizontal SurfaceElevation 768'(150' Above AirportElevation of 618')20:1Conical Surface7:1 TransitionalSurface, Typ. 20:1 ApproachSurface 34:1 ApproachSurface 968'918' 868'818'768' 7 6 8 ' 7 1 8 ' 6 6 8 ' 3 3 1 5 Mend ocino County(Unincorporated) Mend ocino County(Unincorporated) Ukiah Legend Existing R unw ay (4,42 3' Ex. Le ng th ) Fu tu re Run way Exten sion (4 ,8 88' Fut. L eng th ) Existing Airp ort Pro pe rty Bou nda ry City Limit Bou nda ry ! !! ! !! City Sphe re of Influ en ce (extend s o ff map view ) Airpo rt Influe nce Area Exhibit 4-7 Compatibility Factor: AirspaceUkiah M unicipal AirportSource: Mead & Hunt, Inc. CHAPTER 4BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS 0 4,000 8,000Feet F Airspace Obstruction Surfaces Airspa ce Protection Zo nes (14 C FR Pa rt 7 7) Airspace Pro tection Surface C ontour (50' interval) Existing Approach Surface (Runway 15; See inset) Airspa ce Critica l Protectio n Zo ne Airspa ce Hig h Terra in Zon e Notes1. Source: Title 14 Code of Federal Regulation Part 77, Safe,Efficient Use and Preservation of N avigableAirspace as applied to Ukiah Municipal Airport futurerunway length. (Adopted May 20, 2021) Ukiah Municipal AirportLand Use Compatibility Plan 1 5 1 APPRO ACH SUR FACE CO MPARISON Future 34:1ApproachSurface Existing 34:1ApproachSurface Mendocino CountyAirport Land Use Commission Hig hwa y 10 1 Talmage Rd. G o b b i S t . Page 274 of 550 Page 275 of 550 BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS CHAPTER 4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 4–9 Exhibit 4-8 Airport Environs Information Ukiah Municipal Airport AIRPORT LOCATION ▪ Location ▫ Southeastern Mendocino County ▫ One mile south of Ukiah city center ▫ U.S. Hwy 101 parallels runway 0.3 miles east ▪ Topography ▫ Situated in Ukiah Valley west of Russian River ▫ Surrounded by low hills, Lake Mendocino to the north and Mayacmas Mountains to the east (2,000 feet above MSL) ▫ Airport elevation 616 feet ▫ High terrain within 2 miles to the south on approach to Runway 33 AIRPORT ENVIRONS LAND USE JURISDICTIONS ▪ City of Ukiah ▫ Airport property fully within city limits at the south end of the city ▪ County of Mendocino ▫ Controls lands east of Hwy 101 and south of the airport ▫ 2011 Ukiah Valley Area Plan shows sphere of influence expanding city limits mostly to the west and north, not near the airport EXISTING AIRPORT AREA LAND USES ▪ General Character ▫ Urbanized north and west of the airport and between the airport and Hwy 101 on the east ▫ Generally rural to the south ▫ Agricultural beyond Hwy 101 to the east ▪ Runway Approaches ▫ North (Runway 15): Mixed industrial, commercial, and residential adjacent to the runway protection zone; city center further north ▫ South (Runway 33): Mixed low-density commercial and residential uses plus agricultural ▪ Traffic Pattern ▫ No traffic pattern west of the runway; area is largely residential ▫ Recent big-box commercial development between the runway and Hwy 101 to the east; mostly agricultural uses underlying the downwind leg of the traffic pattern STATUS OF COMMUNITY PLANS ▪ City of Ukiah ▫ General Plan and Growth Management Program Adopted December 6, 1995 ▫ Form Based Zoning Downtown Plan ▪ County of Mendocino ▫ Mendocino County General Plan Adopted August 2009 ▫ Ukiah Valley Area Plan Adopted August 2, 2011 PLANNED AIRPORT AREA LAND USES ▪ City of Ukiah ▫ Rural Residential (1 du/ac); Residential uses of mixed types to northeast; Low Density (1-6 du/ac); Medium Density (1-14 du/ac); and High Density (1-28 du/ac) uses north of the airport ▫ No expansion into the agricultural areas east of the airport is planned ESTABLISHED COMPATIBILITY MEASURES ▪ Mendocino County General Plan (Adopted August 2009) ▫ Policy DE-165: Improve airport facilities and encourage economic development and uses that support airport viability. ▫ Policy DE-166: Land use decisions and development should be carried out in a manner that will reduce aviation-related hazards (including hazards to aircraft, and hazards posed by aircraft). This could be accomplished through a variety of measures, including the following: maintaining compatible zoning, land uses, densities, and intensities within airport influence zones; protecting the viability of existing airport operations and expansion potential. ▫ Policy DE-167: Development in air traffic patterns, corridors, and airport influence zones shall be consistent with the Mendocino County Airport Comprehensive Land Use Plan and California Division of Aeronautics and Federal Aviation Administration regulations. ▫ Action Item DE-167.1: Update the Airport Comprehensive Land Use Plan when changes in the aviation sector or airport use warrant a revision of land use restrictions. ▪ City of Ukiah General Plan (Adopted December 6, 1995) ▫ Goal AE-1: Promote the airport for the community’s benefit both now and in the future ▫ Policy AE-1.1: Recognize that the airport’s vitality and growth help achieve the General Plan Vision. ▫ Goal AE-2: Provide for long-term viability of the airport. ▫ Policy AE-2.1: Define the long-term growth boundaries for the airport. ▫ Goal AE-3: Establish uniform ordinances and regulations for land use in the airport’s core and peripheral overlay zones. ▫ Policy AE-3.1: Work with the County to develop a similar or duplicate implementing code for development in and around the airport. ▫ Policy AE-3.2: Promote acceptable land uses for both city and county zones in the core and peripheral zone areas. ▫ Goal AE-4: Promote a “good neighbor policy” by the airport and its users. ▫ Policy AE-4.1: Develop a Noise Control program. ▫ Policy AE-4.2: Identify common noise levels in and around the airport to identify “airport-specific” noise. Page 276 of 550 CHAPTER 4 BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS 4–10 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Exhibit 4-8, continued ▪ Ukiah Valley Area Plan, Section 3, Land Use and Community Development (Adopted by Mendocino County August 2, 2011) ▫ Goal LU2: Promote compatible land uses adjacent to important transportation facilities and protect against incompatible ones. ▫ Policy LU 2.1: Define acceptable standards for development in the vicinity of the airport. ▫ Policy LU 2.1a: Clear Zone: Prohibit development in the clear zone as defined in the Ukiah Municipal Airport Master Plan. ▫ Policy LU 2.1b: Compatibility Guidelines: Only allow development within each airport zone that conforms to the height, use, and intensity specified in the land use compatibility table of the ACLUP. As airports evolve and fuel prices change, collaborate with the City of Ukiah, the County Airport Land Use Commission , and Caltrans Aeronautics to reassess compatibility issues. ▪ Ukiah Valley Area Plan, Section 5, Circulation and Transportation (Adopted by Mendocino County August 2, 2011) ▫ Goal CT1: Provide for efficient and safe circulation networks throughout the Ukiah Valley. ▫ Policy CT1.1: Promote the development of an integrated transportation corridor through the Valley ▫ CT1.1a Identification of Integrated Transportation Corridor: work with local and regional agencies to define and develop an integrated transportation corridor. The integrated transportation corridor shall encompass U.S. Highway 101; major thoroughfares; and rail, air, and public transportation to proactively manage travel demand by identifying underutilized capacity in the corridor and shift travel demand accordingly. Source: Data Compiled by Mead & Hunt (March 2019) Page 277 of 550 G o b b i S t . Talmage Rd. Eastside Rd. Boonville Ukiah Rd. H i g h w a y 1 0 1 Ukiah 3 3 1 5 1 Hastings Ave. P e r k i n s S t .S m i t h S t . Gobalet St. D o r a S t . A i r p o r t P a r k B l v d . A i r p o r t R d . S t a t e S t . 4 3 5 51 6 2 3 4 3 6 6 3 2 Mend ocino County(Unincorporated) Mend ocino County(Unincorporated) 6 6 6 Ukiah A G 4 0 R M R 4 0 R L 1 6 0 S R S R R M R 4 0 R L 1 6 0 R L 1 6 0 I R C CRR 5 I R L 1 6 0 R R 5 I R L 1 6 0 R R 1 0 P S P L C R R 5 R R 1 0RMR 2 0 R R 5 R R 5 M U -2 R R 5 C M U -2 S R P S I S R R R 5 S R M U -2 S R Legend Existing R unw ay (4,42 3' Ex. Le ng th ) Fu tu re R unw ay Exte nsion (4,88 8' Fu t. Le ngth) Existing Airp ort Pro pe rty Bou nda ry City Limit Bou nda ry ! !! ! !! City Sphe re of Influ en ce (extend s o ff map view ) Airpo rt Influe nce Area Exhibit 4-9 General Plan Land UsesUkiah M unicipal Airport Source: Mead & Hunt, Inc. CHAPTER 4BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS 0 2,500 5,000Feet F Notes1. Source: Mendocino C ounty Planning Departm ent(April 2019). 2. Portions of the Airport Influence Area may extend beyondmap limits. Ge ne ra l P lan Agriculture 40 ac Commercial Industrial Mixed Use 2 ac (MU2) Public Lands Public Service Rural Community Range Land 160 ac Remote Residential 20 ac Remote Residential 40 ac Rural Residential 10 ac Rural Residential 5 ac Suburban Residential (Adopted May 20, 2021) Ukiah Municipal AirportLand Use Compatibility Plan 1 2 Mendocino CountyAirport Land Use Commission Compatibility Zones Zone 1: R unw ay Protection Zone (R PZ) Zone 1*: U ltimate R unw ay Protection Zone (R PZ) Zone 2: Inner A prroach/Departure Zone Zone 3: Inner Turni ng Zone Zone 4: Outer Approach/Departure Zone Zone 5: S ideline Zone Zone 6: Traffic Pattern Zone Urban Overlay Zone County of Mendocino Page 278 of 550 Page 279 of 550 G o b b i S t . Talmage Rd. Eastside Rd. Boonville Ukiah Rd. H i g h w a y 1 0 1 Ukiah 3 3 1 5 4 3 5 51 6 2 3 4 3 7 6 Hastings Ave. P e r k i n s S t .S m i t h S t . Gobalet St. D o r a S t . A i r p o r t P a r k B l v d . A i r p o r t R d . S t a t e S t . 6 3 2 Mend ocino County(Unincorporated) Mend ocino County(Unincorporated) 6 6 6 Ukiah Legend Existing R unw ay (4,42 3' Ex. Le ng th ) Fu tu re R unw ay Exte nsion (4,88 8' Fu t. Le ngth) Existing Airp ort Pro pe rty Bou nda ry City Limit Bou nda ry ! !! ! !! City Sphe re of Influ en ce (extend s o ff map view ) Airpo rt Influe nce Area Exhibit 4-10 Source: Mead & Hunt, Inc. CHAPTER 4BACKGROUND DATA: UKIAH MUNICIPAL AIRPORT AND ENVIRONS 0 2,500 5,000Feet F Notes 1. Source: City of Ukiah. 2. Portions of the Airport Influence Area may extend beyondmap limits (Adopted May 20, 2021) Ukiah Municipal AirportLand Use Compatibility Plan 2 Mendocino CountyAirport Land Use Commission 1 City of Ukiah General Land UsesUkiah M unicipal Airport Compatibility Zones Zone 1: R unway Protection Zone (R PZ) Zone 1*: U ltimate Runw ay Protection Zone (RPZ) Zone 2: Inner Aprroach/Departure Zone Zone 3: Inner Turning Zone Zone 4: O uter Approach/Departure Zone Zone 5: Sideline Zone Zone 6: Traffic Pattern Zone Urban Overlay Zone City of Uki ah Zoning Cla ssifications R1 - Sin gle Family Residential R1H - Single Fam ily R esidential - Hillside R2 - Medium Density Residential R3 - High D ensity R esidential CN - Neighborhood Comm ercial C1 - Com munity Com mercial C2 - Heavy Comm ercial PDC - Planned Development Comm ercial PDR - Planned Development Reside ntial M - Manufacturing DC - Dow ntow n C ore GU - Ge neral U rba n UC - Urban Center PF - Public Facility Page 280 of 550 Page 281 of 550 MENDOCINO COUNTY AIRPORT LAND USE COMMISSION APPENDICES Airport Land Use Compatibility Plan Page 282 of 550 Page 283 of 550 A P P E N D I X A State Laws Related to Airport Land Use Planning Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–1 Table of Contents (as of January 2020) Public Utilities Code Sections 21670 – 21679.5 Airport Land Use Commission ........................................................... A–3 (complete article) 21402 – 21403 Regulation of Aeronautics .................................................................. A–16 (excerpts pertaining to rights of aircraft flight) 21655, 21658, 21659 Regulation of Obstructions ................................................................ A–17 (excerpts) 21661.5, 21664.5 Regulation of Airports ........................................................................ A–19 (excerpts pertaining to approval of new airports and airport expansion) Government Code Sections 65302.3 Authority for and Scope of General Plans....................................... A–20 (excerpts pertaining to general plans consistency with airport land use plans) 65943 – 65945.7 Application for Development Projects ............................................ A–21 (excerpts referenced in State Aeronautics Act) 66030 – 66031 Mediation and Resolution of Land Use Disputes ........................... A–26 (excerpts applicable to ALUC decisions) 66455.9 School Site Review .............................................................................. A–28 (excerpts applicable to ALUCs) Education Code Sections 17215 School Facilities, General Provisions ................................................ A–29 (excerpts pertaining to Department of Transportation review of elementary and secondary school sites) 81033 Community Colleges, School Sites .................................................... A–30 (excerpts pertaining to Department of Transportation review of community college sites) Page 284 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–2 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) Public Resources Code Sections 21096 California Environmental Quality Act, Airport Planning .............. A–32 (excerpts pertaining to projects near airports) Business and Professions Code Sections 11010 Regulation of Real Estate Transactions, Subdivided Lands .......... A–33 (excerpts regarding airport influence area disclosure requirements) Civil Code Sections 1103 – 1103.4 Disclosure of Natural Hazards upon Transfer of Residential Property ........................................................................................ A–34 1353 Common Interest Developments...................................................... A–38 (excerpts regarding airport influence area disclosure requirements) Legislative History Summary Airport Land Use Commission Statutes ...................................................................................... A–39 Page 285 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–3 AERONAUTICS LAW PUBLIC UTILITIES CODE Division 9—Aviation Part 1—State Aeronautics Act Chapter 4—Airports and Air Navigation Facilities Article 3.5—Airport Land Use Commission 21670. Creation; Membership; Selection (a) The Legislature hereby finds and declares that: (1) It is in the public interest to provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to promote the overall goals and objectives of the California airport noise standards adopted pursuant to Section 21669 and to prevent the creation of new noise and safety problems. (2) It is the purpose of this article to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. (b) In order to achieve the purposes of this article, every county in which there is located an airport which is served by a scheduled airline shall establish an airport land use commission. Every county, in which there is located an airport which is not served by a scheduled airline, but is operated for the benefit of the general public, shall establish an airport land use commission, except that the board of supervisors of the county may, after consultation with the appropriate airport operators and affected local entities and after a public hearing, adopt a resolution finding that there are no noise, public safety, or land use issues affecting any airport in the county which require the creation of a commission and declaring the county exempt from that requirement. The board shall, in this event, transmit a copy of the resolution to the Director of Transportation. For purposes of this section, “commission” means an airport land use commission. Each commission shall consist of seven members to be selected as follows: (1) Two representing the cities in the county, appointed by a city selection committee comprised of the mayors of all the cities within that county, except that if there are any cities contiguous or adjacent to the qualifying airport, at least one representative shall be appointed therefrom. If there are no cities within a county, the number of representatives provided for by paragraphs (2) and (3) shall each be increased by one. (2) Two representing the county, appointed by the board of supervisors. (3) Two having expertise in aviation, appointed by a selection committee comprised of the managers of all of the public airports within that county. (4) One representing the general public, appointed by the other six members of the commission. (c) Public officers, whether elected or appointed, may be appointed and serve as members of the commission during their terms of public office. (d) Each member shall promptly appoint a single proxy to represent him or her in commission affairs and to vote on all matters when the member is not in attendance. The proxy shall be designated in Page 286 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–4 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) a signed written instrument which shall be kept on file at the commission offices, and the proxy shall serve at the pleasure of the appointing member. A vacancy in the office of proxy shall be filled promptly by appointment of a new proxy. (e) A person having an “expertise in aviation” means a person who, by way of education, training, business, experience, vocation, or avocation has acquired and possesses particular knowledge of, and familiarity with, the function, operation, and role of airports, or is an elected official of a local agency which owns or operates an airport. (f) It is the intent of the Legislature to clarify that, for the purposes of this article that special districts, school districts and community college districts are included among the local agencies that are subject to airport land use laws and other requirements of this article. 21670.1. Action by Designated Body Instead of Commission (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a determination by a majority vote that proper land use planning can be accomplished through the actions of an appropriately designated body, then the body so designated shall assume the planning responsibilities of an airport land use commission as provided for in this article, and a commission need not be formed in that county. (b) A body designated pursuant to subdivision (a) that does not include among its membership at least two members having expertise in aviation, as defined in subdivision (e) of Section 21670, shall, when acting in the capacity of an airport land use commission, be augmented so that body, as augmented, will have at least two members having that expertise. The commission shall be constituted pursuant to this section on and after March 1, 1988. (c) (1) Notwithstanding subdivisions (a) and (b), and subdivision (b) of Section 21670, if the board of supervisors of a county and each affected city in that county each makes a determina tion that proper land use planning pursuant to this article can be accomplished pursuant to this subdivision, then a commission need not be formed in that county. (2) If the board of supervisors of a county and each affected city makes a determination that proper land use planning may be accomplished and a commission is not formed pursuant to paragraph (1), that county and the appropriate affected cities having jurisdiction over an airport, subject to the review and approval by the Division of Aeronautics of the department, shall do all of the following: (A) Adopt processes for the preparation, adoption, and amendment of the airport land use compatibility plan for each airport that is served by a scheduled airline or operated for the benefit of the general public. (B) Adopt processes for the notification of the general public, landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the airport land use compatibility plans. (C) Adopt processes for the mediation of disputes arising from the preparation, adoption, and amendment of the airport land use compatibility plans. (D) Adopt processes for the amendment of general and specific plans to be consistent with the airport land use compatibility plans. (E) Designate the agency that shall be responsible for the preparation, adoption, and amendment of each airport land use compatibility plan. Page 287 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–5 (3) The Division of Aeronautics of the department shall review the processes adopted pursuant to paragraph (2), and shall approve the processes if the division determines that the processes are consistent with the procedure required by this article and will do all of the following: (A) Result in the preparation, adoption, and implementation of plans within a reasonable amount of time. (B) Rely on the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations. (C) Provide adequate opportunities for notice to, review of, and comment by the general public, landowners, interested groups, and other public agencies. (4) If the county does not comply with the requirements of paragraph (2) within 120 days, then the airport land use compatibility plan and amendments shall not be considered adopted pursuant to this article and a commission shall be established within 90 days of the determination of noncompliance by the division and an airport land use compatibility plan shall be adopted pursuant to this article within 90 days of the establishment of the commission. (d) A commission need not be formed in a county that has contracted for the preparation of airport land use compatibility plans with the Division of Aeronautics under the California Aid to Airports Program (Chapter 4 (commencing with Section 4050) of Division 2.5 of Title 21 of the California Code of Regulations) and that submits all of the following information to the Division of Aeronautics for review and comment that the county and the cities affected by the airports within the county, as defined by the airport land use compatibility plans: (1) Agree to adopt and implement the airport land use compatibility plans that have been developed under contract. (2) Incorporated the height, use, noise, safety, and density criteria that are compatible with airport operations as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of t he Code of Federal Regulations as part of the general and specific plans for the county and for each affected city. (3) If the county does not comply with this subdivision on or before May 1, 1995, then a commission shall be established in accordance with this article. (e) (1) A commission need not be formed in a county if all of the following conditions are met: (A) The county has only one public use airport that is owned by a city. (B) (i) The county and the affected city adopt the elements in paragraph (2) of subdivision (d), as part of their general and specific plans for the county and the affected city. (ii) The general and specific plans shall be submitted, upon adoption, to the Division of Aeronautics. If the county and the affected city do not submit the elements specified in paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be established in accordance with this article. Page 288 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–6 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) 21670.2. Application to Counties Having over 4 Million in Population (a) Sections 21670 and 21670.1 do not apply to the County of Los Angeles. In that county, the county regional planning commission has the responsibility for coordinating the airport planning of public agencies within the county. In instances where impasses result relative to this planning, an appeal may be made to the county regional planning commission by any public agency involved. The action taken by the county regional planning commission on an appeal may be overruled by a four-fifths vote of the governing body of a public agency whose planning led to the appeal. (b) By January 1, 1992, the county regional planning commission shall adopt the airport land use compatibility plans required pursuant to Section 21675. (c) Sections 21675.1, 21675.2, and 21679.5 do not apply to the County of Los Angeles until January 1, 1992. If the airport land use compatibility plans required pursuant to Section 21675 are not adopted by the county regional planning commission by January 1, 1992, Sections 21675.1 and 21675.2 shall apply to the County of Los Angeles until the airport land use compatibility plans are adopted. 21670.3 San Diego County (a) Sections 21670 and 21670.1 do not apply to the County of San Diego. In that county, the San Diego County Regional Airport Authority, as established pursuant to Section 170002, shall be responsible for the preparation, adoption, and amendment of an airport land use compatibility plan for each airport in San Diego County. (b) The San Diego County Regional Airport Authority shall engage in a public collaborative planning process when preparing and updating an airport land use compatibility plan. 21670.4. Intercounty Airports (a) As used in this section, “intercounty airport” means any airport bisected by a county line through its runways, runway protection zones, inner safety zones, inner turning zones, outer safety zones, or sideline safety zones, as defined by the department’s Airport Land Use Planning Handbook and referenced in the airport land use compatibility plan formulated under Section 21675. (b) It is the purpose of this section to provide the opportunity to establish a separate airport land use commission so that an intercounty airport may be served by a single airport land use planning agency, rather than having to look separately to the airport land use commissions of the affected counties. (c) In addition to the airport land use commissions created under Section 21670 or the alternatives established under Section 21670.1, for their respective counties, the boards of supervisors and city selection committees for the affected counties, by independent majority vote of each county’s two delegations, for any intercounty airport, may do either of the following: (1) Establish a single separate airport land use commission for that airport. That commission shall consist of seven members to be selected as follows: (A) One representing the cities in each of the counties, appointed by that county’s city selection committee. (B) One representing each of the counties, appointed by the board of supervisors of each county. (C) One from each county having expertise in aviation, appointed by a selection committee comprised of the managers of all the public airports within that county. Page 289 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–7 (D) One representing the general public, appointed by the other six members of the commission. (2) In accordance with subdivision (a) or (b) of Section 21670.1, designate an existing appropriate entity as that airport’s land use commission. 21670.6. Court and Mediation Proceedings Any action brought in the superior court relating to this article may be subject to mediation proceeding conducted pursuant to Chapter 9.3 (commencing with Section 66030) of Division I of Title 7 of the Government Code. 21671. Airports Owned by a City, District or County In any county where there is an airport operated for the general public which is owned by a city or district in another county or by another county, one of the representatives provided by paragraph (1) of subdivision (b) of Section 21670 shall be appointed by the city selection committee of mayors of the cities of the county in which the owner of that airport is located, and one of the representatives provided by paragraph (2) of subdivision (b) of Section 21670 shall be appointed by the board of supervisors of the county in which the owner of that airport is located. 21671.5. Term of Office (a) Except for the terms of office of the members of the first commission, the term of office of each member shall be four years and until the appointment and qualification of his or her successor. The members of the first commission shall classify themselves by lot so that the term of office of one member is one year, of two members is two years, of two members is three years, and of two members is four years. The body that originally appointed a member whose term has expired shall appoint his or her successor for a full term of four years. Any member may be removed at any time and without cause by the body appointing that member. The expiration date of the term of office of each member shall be the first Monday in May in the year in which that member’s term is to expire. Any vacancy in the membership of the commission shall be filled for the unexpired term by appointment by the body which originally appointed the member whose office has become vacant. The chairperson of the commission shall be selected by the members thereof. (b) Compensation, if any, shall be determined by the board of supervisors. (c) Staff assistance, including the mailing of notices and the keeping of minutes and necessary quarters, equipment, and supplies, shall be provided by the county. The usual and necessary operating expenses of the commission shall be a county charge. (d) Notwithstanding any other provisions of this article, the commission shall not employ any personnel either as employees or independent contractors without the prior approval of the board of supervisors. (e) The commission shall meet at the call of the commission chairperson or at the request of the majority of the commission members. A majority of the commission members shall constitute a quorum for the transaction of business. No action shall be taken by the commission except by the recorded vote of a majority of the full membership. (f) The commission may establish a schedule of fees necessary to comply with this article. Those fees shall be charged to the proponents of actions, regulations, or permits, shall not exceed the estimated Page 290 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–8 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) reasonable cost of providing the service, and shall be imposed pursuant to Section 66016 of the Government Code. Except as provided in subdivision (g), after June 30, 1991, a commission that has not adopted the airport land use compatibility plan required by Section 21675 shall not charge fees pursuant to this subdivision until the commission adopts the plan. (g) In any county that has undertaken by contract or otherwise completed airport land use compatibility plans for at least one-half of all public use airports in the county, the commission may continue to charge fees necessary to comply with this article until June 30, 1992, and, if the airport land use compatibility plans are complete by that date, may continue charging fees after June 30, 1992. If the airport land use compatibility plans are not complete by June 30, 1992, the commission shall not charge fees pursuant to subdivision (f) until the commission adopts the land use plans. 21672. Rules and Regulations Each commission shall adopt rules and regulations with respect to the temporary disqualification of its members from participating in the review or adoption of a proposal because of conflict of interest and with respect to appointment of substitute members in such cases. 21673. Initiation of Proceedings for Creation by Owner of Airport In any county not having a commission or a body designated to carry out the responsibilities of a commission, any owner of a public airport may initiate proceedings for the creation of a commission by presenting a request to the board of supervisors that a commission be created and showing the need therefor to the satisfaction of the board of supervisors. 21674. Powers and Duties The commission has the following powers and duties, subject to the limitations upon its jurisdiction set forth in Section 21676: (a) To assist local agencies in ensuring compatible land uses in the vicinity of all new airports and in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses. (b) To coordinate planning at the state, regional, and local levels so as to provide for the orderly de- velopment of air transportation, while at the same time protecting the public health, safety, and welfare. (c) To prepare and adopt an airport land use compatibility plan pursuant to Section 21675. (d) To review the plans, regulations, and other actions of local agencies and airport operators pursuant to Section 21676. (e) The powers of the commission shall in no way be construed to give the commission jurisdiction over the operation of any airport. (f) In order to carry out its responsibilities, the commission may adopt rules and regulations consistent with this article. Page 291 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–9 21674.5. Training of Airport Land Use Commission’s Staff (a) The Department of Transportation shall develop and implement a program or programs to assist in the training and development of the staff of airport land use commissions, after consulting with airport land use commissions, cities, counties, and other appropriate public entities. (b) The training and development program or programs are intended to assist the staff of airport land use commissions in addressing high priority needs, and may include, but need not be limited to, the following: (1) The establishment of a process for the development and adoption of airport land use compatibility plans. (2) The development of criteria for determining the airport influence area. (3) The identification of essential elements that should be included in the airport land use compatibility plans. (4) Appropriate criteria and procedures for reviewing proposed developments and determining whether proposed developments are compatible with the airport use. (5) Any other organizational, operational, procedural, or technical responsibilities and functions that the department determines to be appropriate to provide to commission staff and for which it determines there is a need for staff training or development. (c) The department may provide training and development programs for airport land use commission staff pursuant to this section by any means it deems appropriate. Those programs may be presented in any of the following ways: (1) By offering formal courses or training programs. (2) By sponsoring or assisting in the organization and sponsorship of conferences, seminars, or other similar events. (3) By producing and making available written information. (4) Any other feasible method of providing information and assisting in the training and development of airport land use commission staff. 21674.7. Airport Land Use Planning Handbook (a) An airport land use commission that formulates, adopts or amends an airport land use compatibility plan shall be guided by information prepared and updated pursuant to Section 21674.5 and referred to as the Airport Land Use Planning Handbook published by the Division of Aeronautics of the Department of Transportation. (b) It is the intent of the Legislature to discourage incompatible land uses near existing airports. Therefore, prior to granting permits for the renovation or remodeling of an existing building, structure, or facility, and before the construction of a new building, it is the intent of the Legislature that local agencies shall be guided by the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, to the extent that the criteria has been incorporated into the plan prepared by a commission pursuant to Section 21675. This subdivision does not limit the jurisdiction of a Page 292 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–10 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) commission as established by this article. This subdivision does not limit the authority of local agencies to overrule commission actions or recommendations pursuant to Sections 21676, 21676.5, or 21677. 21675. Land Use Plan (a) Each commission shall formulate an airport land use compatibility plan that will provide for the orderly growth of each public airport and the area surrounding the airport within the jurisdiction of the commission, and will safeguard the general welfare of the inhabitants within the vicinity of the airport and the public in general. The commission’s airport land use compatibility plan shall include and shall be based on a long-range master plan or an airport layout plan, as determined by the Division of Aeronautics of the Department of Transportation that reflects the anticipated growth of the airport during at least the next 20 years. In formulating an airport land use compatibility plan, the commission may develop height restrictions on buildings, specify use of land, and determine building standards, including soundproofing adjacent to airports, within the airport influence area. The airport land use compatibility plan shall be reviewed as often as necessary in order to accomplish its purposes, but shall not be amended more than once in any calendar year. (b) The commission shall include, within its airport land use compatibility plan formulated pursuant to subdivision (a), the area within the jurisdiction of the commission surrounding any military airport for all of the purposes specified in subdivision (a). The airport land use compatibility plan shall be consistent with the safety and noise standards in the Air Installation Compatible Use Zone prepared for that military airport. This subdivision does not give the commission any jurisdiction or authority over the territory or operations of any military airport. (c) The airport influence area shall be established by the commission after hearing and consultation with the involved agencies. (d) The commission shall submit to the Division of Aeronautics of the department one copy of the airport land use compatibility plan and each amendment to the plan. (e) If an airport land use compatibility plan does not include the matters required to be included pursuant to this article, the Division of Aeronautics of the department shall notify the commission responsible for the plan. 21675.1. Adoption of Land Use Plan (a) By June 30, 1991, each commission shall adopt the airport land use compatibility plan required pursuant to Section 21675, except that any county that has undertaken by contract or otherwise completed airport land use compatibility plans for at least one-half of all public use airports in the county, shall adopt that airport land use compatibility plan on or before June 30, 1992. (b) Until a commission adopts an airport land use compatibility plan, a city or county shall first submit all actions, regulations, and permits within the vicinity of a public airport to the commission for review and approval. Before the commission approves or disapproves any actions, regulations, or permits, the commission shall give public notice in the same manner as the city or county is required to give for those actions, regulations, or permits. As used in this section, “vicinity” means land that will be included or reasonably could be included within the airport land use compatibility plan. If the commission has not designated an airport influence area for the airport land use compatibility plan, then “vicinity” means land within two miles of the boundary of a public airport. Page 293 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–11 (c) The commission may approve an action, regulation, or permit if it finds, based on substantial evidence in the record, all of the following: (1) The commission is making substantial progress toward the completion of the airport land use compatibility plan. (2) There is a reasonable probability that the action, regulation, or permit will be consistent with the airport land use compatibility plan being prepared by the commission. (3) There is little or no probability of substantial detriment to or interference with the future adopted airport land use compatibility plan if the action, regulation, or permit is ultimately inconsistent with the airport land use compatibility plan. (d) If the commission disapproves an action, regulation, or permit, the commission shall notify the city or county. The city or county may overrule the commission, by a two-thirds vote of its governing body, if it makes specific findings that the proposed action, regulation, or permit is consistent with the purposes of this article, as stated in Section 21670. (e) If a city or county overrules the commission pursuant to subdivision (d), that action shall not relieve the city or county from further compliance with this article after the commission adopts the airport land use compatibility plan. (f) If a city or county overrules the commission pursuant to subdivision (d) with respect to a publicly owned airport that the city or county does not operate, the operator of the airport is not liable for damages to property or personal injury resulting from the city’s or county’s decision to proceed with the action, regulation, or permit. (g) A commission may adopt rules and regulations that exempt any ministerial permit for single-family dwellings from the requirements of subdivision (b) if it makes the findings required pursuant to subdivision (c) for the proposed rules and regulations, except that the rules and regulations may not exempt either of the following: (1) More than two single-family dwellings by the same applicant within a subdivision prior to June 30, 1991. (2) Single-family dwellings in a subdivision where 25 percent or more of the parcels are undeveloped. 21675.2. Approval or Disapproval of Actions, Regulations, or Permits (a) If a commission fails to act to approve or disapprove any actions, regulations, or permits within 60 days of receiving the request pursuant to Section 21675.1, the applicant or his or her representative may file an action pursuant to Section 1094.5 of the Code of Civil Procedure to compel the commission to act, and the court shall give the proceedings preference over all other actions or proceedings, except previously filed pending matters of the same character. (b) The action, regulation, or permit shall be deemed approved only if the public notice required by this subdivision has occurred. If the applicant has provided seven days advance notice to the commission of the intent to provide public notice pursuant to this subdivision, then, not earlier than the date of the expiration of the time limit established by Section 21675.1, an applicant may provide the required public notice. If the applicant chooses to provide public notice, that notice shall include a description of the proposed action, regulation, or permit substantially similar to the descriptions which are commonly used in public notices by the commission, the location of any proposed development, the application number, the name and address of the commission, and a statement that the action, Page 294 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–12 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) regulation, or permit shall be deemed approved if the commission has not acted within 60 days. If the applicant has provided the public notice specified in this subdivision, the time limit for action by the commission shall be extended to 60 days after the public notice is provided. If the applicant provides notice pursuant to this section, the commission shall refund to the applicant any fees which were collected for providing notice and which were not used for that purpose. (c) Failure of an applicant to submit complete or adequate information pursuant to Sections 65943 to 65946, inclusive, of the Government Code, may constitute grounds for disapproval of actions, regulations, or permits. (d) Nothing in this section diminishes the commission’s legal responsibility to provide, where applicable, public notice and hearing before acting on an action, regulation, or permit. 21676. Review of Local General Plans (a) Each local agency whose general plan includes areas covered by an airport land use compatibility plan shall, by July 1, 1983, submit a copy of its plan or specific plans to the airport land use com - mission. The commission shall determine by August 31, 1983, whether the plan or plans are consistent or inconsistent with the airport land use compatibility plan. If the plan or plans are inconsistent with the airport land use compatibility plan, the local agency shall be notified and that local agency shall have another hearing to reconsider its airport land use compatibility plans. The local agency may propose to overrule the commission after the hearing by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article stated in Section 21670. At least 45 days prior to the decision to overrule the commission, the local agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the local agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division’s comments are not available within this time limit, the local agency governing body may act without them. The comments by the division or the commission are advisory to the local agency governing body. The local agency governing body shall include comments from the commission and the division in the final record of any final decision to overrule the commission, which may only be adopted by a two-thirds vote of the governing body. (b) Prior to the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the airport land use commission pursuant to Section 21675, the local agency shall first refer the proposed action to the commission. If the commission determines that the proposed action is inconsistent with the commission’s plan, the referring agency shall be notified. The local agency may, after a public hearing, propose to overrule the commission by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article stated in Section 21670. At least 45 days prior to the decision to overrule the commission, the local agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the local agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division’s comments are not available within this time limit, the local agency governing body may act without them. The comments by the division or the commission are advisory to the local agency governing body. The local agency governing body shall include comments from the commission and the division in the public record of any final decision to overrule the commission, which may only be adopted by a two-thirds vote of the governing body. Page 295 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–13 (c) Each public agency owning any airport within the boundaries of an airport land use compatibility plan shall, prior to modification of its airport master plan, refer any proposed change to the airport land use commission. If the commission determines that the proposed action is inconsistent with the commission’s plan, the referring agency shall be notified. The public agency may, after a public hearing, propose to overrule the commission by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article stated in Section 21670. At least 45 days prior to the decision to overrule the commission, the public agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the public agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division’s comments are not available within this time limit, the public agency governing body may act without them. The comments by the division or the commission are advisory to the public agency governing body. The public agency governing body shall include comments from the commission and the division in the final decision to overrule the commission, which may only be adopted by a two-thirds vote of the governing body. (d) Each commission determination pursuant to subdivision (b) or (c) shall be made within 60 days from the date of referral of the proposed action. If a commission fails to make the determination within that period, the proposed action shall be deemed consistent with the airport land use compatibility plan. 21676.5. Review of Local Plans (a) If the commission finds that a local agency has not revised its general plan or specific plan or overruled the commission by a two-thirds vote of its governing body after making specific findings that the proposed action is consistent with the purposes of this article as stated in Section 21670, the commission may require that the local agency submit all subsequent actions, regulations, and permits to the commission for review until its general plan or specific plan is revised or the specific findings are made. If, in the determination of the commission, an action, regulation, or permit of the local agency is inconsistent with the airport land use compatibility plan, the local agency shall be notified and that local agency shall hold a hearing to reconsider its plan. The local agency may propose to overrule the commission after the hearing by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article as stated in Section 21670. At least 45 days prior to the decision to overrule the commission, the local agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the local agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division’s comments are not available within this time limit, the local agency governing body may act without them. The comments by the division or the commission are advisory to the local agency governing body. The local agency governing body shall include comments from the commission and the division in the final decision to overrule the commission, which may only be adopted by a two - thirds vote of the governing body. (b) Whenever the local agency has revised its general plan or specific plan or has overruled the commission pursuant to subdivision (a), the proposed action of the local agency shall not be subject to further commission review, unless the commission and the local agency agree that individual projects shall be reviewed by the commission. Page 296 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–14 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) 21677. Marin County Override Provisions Notwithstanding the two-thirds vote required by Section 21676, any public agency in the County of Marin may overrule the Marin County Airport Land Use Commission by a majority vote of its governing body. At least 45 days prior to the decision to overrule the commission, the public agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the public agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division’s comments are not available within this time limit, the public agency governing body may act without them. The comments by the division or the commission are advisory to the public agency governing body. The public agency governing body shall include comments from the commission and the division in the public record of the final decision to overrule the commission, which may be adopted by a majority vote of the governing body. 21678. Airport Owner’s Immunity With respect to a publicly owned airport that a public agency does not operate, if the public a gency pursuant to Section 21676, 21676.5, or 21677 overrules a commission’s action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency’s decision to overrule the commission’s action or recommendation. 21679. Court Review (a) In any county in which there is no airport land use commission or other body designated to assume the responsibilities of an airport land use commission, or in which the commission or other designated body has not adopted an airport land use compatibility plan, an interested p arty may initiate proceedings in a court of competent jurisdiction to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, that directly affects the use of land within one mile of the boundary of a public airport within the county. (b) The court may issue an injunction that postpones the effective date of the zoning change, zoning variance, permit, or regulation until the governing body of the local agency that took the action does one of the following: (1) In the case of an action that is a legislative act, adopts a resolution declaring that the proposed action is consistent with the purposes of this article stated in Section 21670. (2) In the case of an action that is not a legislative act, adopts a resolution making findings based on substantial evidence in the record that the proposed action is consistent with the purposes of this article stated in Section 21670. (3) Rescinds the action. (4) Amends its action to make it consistent with the purposes of this article stated in Section 21670, and complies with either paragraph (1) or (2), whichever is applicable. (c) The court shall not issue an injunction pursuant to subdivision (b) if the local agency that took the action demonstrates that the general plan and any applicable specific plan of the agency accomplishes the purposes of an airport land use compatibility plan as provided in Section 21675. Page 297 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–15 (d) An action brought pursuant to subdivision (a) shall be commenced within 30 days of the decision or within the appropriate time periods set by Section 21167 of the Public Resources Code, whichever is longer. (e) If the governing body of the local agency adopts a resolution pursuant to subdivision (b) with respect to a publicly owned airport that the local agency does not operate, the operator of the airport shall be immune from liability for damages to property or personal injury from the local agency’s decision to proceed with the zoning change, zoning variance, permit, or regulation. (f) As used in this section, “interested party” means any owner of land within two miles of the boundary of the airport or any organization with a demonstrated interest in airport safety and efficiency. 21679.5. Deferral of Court Review (a) Until June 30, 1991, no action pursuant to Section 21679 to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, directly affecting the use of land within one mile of the boundary of a public airport, shall be commenced in any county in which the commission or other designated body has not adopted an airport land use compatibility plan, but is making substantial progress toward the completion of the airport land use compatibility plan. (b) If a commission has been prevented from adopting the airport land use compatibility plan by June 30, 1991, or if the adopted airport land use compatibility plan could not become effective, because of a lawsuit involving the adoption of the airport land use compatibility plan, the June 30, 1991, date in subdivision (a) shall be extended by the period of time during which the lawsuit was pending in a court of competent jurisdiction. (c) Any action pursuant to Section 21679 commenced prior to January 1, 1990, in a county in which the commission or other designated body has not adopted an airport land use compatibility plan, but is making substantial progress toward the completion of the airport land use compatibility plan, which has not proceeded to final judgment, shall be held in abeyance until June 30, 1991. If the commission or other designated body adopts an airport land use compatibility plan on or before June 30, 1991, the action shall be dismissed. If the commission or other designated body does not adopt an airport land use compatibility plan on or before June 30, 1991, the plaintiff or plaintiffs may proceed with the action. (d) An action to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, directly affecting the use of land within one mile of the boundary of a public airport for which an airport land use compatibility plan has not been adopted by June 30, 1991, shall be commenced within 30 days of June 30, 1991, or within 30 days of the decision by the local agency, or within the appropriate time periods set by Section 21167 of the Public Resources Code, whichever date is later. Page 298 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–16 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) AERONAUTICS LAW PUBLIC UTILITIES CODE Division 9, Part 1 Chapter 3—Regulation of Aeronautics (excerpts) 21402. Ownership; Prohibited Use of Airspace The ownership of the space above the land and waters of this State is vested in the several owners of the surface beneath, subject to the right of flight described in Section 21403. No use shall be made of such airspace which would interfere with such right of flight; provided that any use of property in conformity with an original zone of approach of an airport shall not be rendered unlawful by reason of a change in such zone of approach. 21403. Lawful Flight; Flight Within Airport Approach Zone (a) Flight in aircraft over the land and waters of this state is lawful, unless at a ltitudes below those prescribed by federal authority, or unless conducted so as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the land or waters of another, without his or her consent, is unlawful except in the case of a forced landing or pursuant to Section 21662.1. The owner, lessee, or operator of the aircraft is liable, as provided by law, for damages caused by a forced landing. (b) The landing, takeoff, or taxiing of an aircraft on a public freeway, highway, road, or street is unlawful except in the following cases: (1) A forced landing. (2) A landing during a natural disaster or other public emergency if the landing has received prior approval from the public agency having primary jurisdiction over traffic upon the freeway, highway, road, or street. (3) When the landing, takeoff, or taxiing has received prior approval from the public agency having primary jurisdiction over traffic upon the freeway, highway, road or street. The prosecution bears the burden of proving that none of the exceptions apply to the act which is alleged to be unlawful. (c) The right of flight in aircraft includes the right of safe access to public airports, which includes the right of flight within the zone of approach of any public airport without restriction or hazard. The zone of approach of an airport shall conform to the specifications of Part 77 of the Federal Aviation Regulations of the Federal Aviation Administration, Department of Transportation. Page 299 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–17 AERONAUTICS LAW PUBLIC UTILITIES CODE Division 9, Part 1 Chapter 4—Airports and Air Navigation Facilities Article 2.7—Regulation of Obstructions (excerpts) 21655. Proposed Site for Construction of State Building Within Two Miles of Airport Boundary Notwithstanding any other provision of law, if the proposed site of any state building or other enclosure is within two miles, measured by air line, of that point on an airport runway, or runway proposed by an airport master plan, which is nearest the site, the state agency or office which proposes to construct the building or other enclosure shall, before acquiring title to property for the new state building or other enclosure site or for an addition to a present site, notify the Department of Transportation, in writing, of the proposed acquisition. The department shall investigate the proposed site and, within 30 working days after receipt of the notice, shall submit to the state agency or office which proposes to co nstruct the building or other enclosure a written report of the investigation and its recommendations concerning acquisition of the site. If the report of the department does not favor acquisition of the site, no state funds shall be expended for the acquisition of the new state building or other enclosure site, or the expansion of the present site, or for the construction of the state building or other enclosure, provided that the provisions of this section shall not affect title to real property once it is acquired. 21658. Construction of Utility Pole or Line in Vicinity of Aircraft Landing Area No public utility shall construct any pole, pole line, distribution or transmission tower, or tower line, or substation structure in the vicinity of the exterior boundary of an aircraft landing area of any airport open to public use, in a location with respect to the airport and at a height so as to constitute an obstruction to air navigation, as an obstruction is defined in accordance with Part 77 of the Federal Aviation Regulations, Federal Aviation Administration, or any corresponding rules or regulations of the Federal Aviation Administration, unless the Federal Aviation Administration has determined that the pole, line, tower, or structure does not constitute a hazard to air navigation. This section shall not apply to existing poles, lines, towers, or structures or to the repair, replacement, or reconstruction thereof if the original height is not materially exceeded and this section shall not apply unless just compensation shall have first been paid to the public utility by the owner of any airport for any property or property rights which would be taken or damaged hereby. 21659. Hazards Near Airports Prohibited (a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the regulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, Subpart C, unless a permit allowing the construction, alteration, or growth is issued by the department. Page 300 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–18 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) (b) The permit is not required if the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation. Subdivision (a) does not apply to a pole, pole line, distribution or transmission tower, or tower line or substation of a public utility. (c) Section 21658 is applicable to subdivision (b). Page 301 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–19 AERONAUTICS LAW PUBLIC UTILITIES CODE Division 9, Part 1, Chapter 4 Article 3—Regulation of Airports (excerpts) 21661.5. City Council or Board of Supervisors and ALUC Approvals (a) No political subdivision, any of its officers or employees, or any person may submit any application for the construction of a new airport to any local, regional, state, or federal agency unless the plan for construction is first approved by the board of supervisors of the county, or the city council of the city, in which the airport is to be located and unless the plan is submitted to the appropriate commission exercising powers pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9, and acted upon by that commission in accordance with the provisions of that article. (b) A county board of supervisors or a city council may, pursuant to Section 65100 of the Government Code, delegate its responsibility under this section for the approval of a plan for construction of new helicopter landing and takeoff areas, to the county or city planning agency. 21664.5. Amended Airport Permits; Airport Expansion Defined (a) An amended airport permit shall be required for every expansion of an existing airport. An applicant for an amended airport permit shall comply with each requirement of this article pertaining to permits for new airports. The department may by regulation provide for exemptions from the operation of this section pursuant to Section 21661, except that no exemption shall be made limiting the applicability of subdivision (e) of Section 21666, pertaining to environmental considerations, including the requirement for public hearings in connection therewith. (b) As used in this section, “airport expansion” includes any of the following: (1) The acquisition of runway protection zones, as defined in Federal Aviation Administration Advisory Circular 150/1500-13, or of any interest in land for the purpose of any other expansion as set forth in this section. (2) The construction of a new runway. (3) The extension or realignment of an existing runway. (4) Any other expansion of the airport’s physical facilities for the purpose of accomplishing or which are related to the purpose of paragraph (1), (2), or (3). (c) This section does not apply to any expansion of an existing airport if the expansion commenced on or prior to the effective date of this section and the expansion met the approval, on or prior to that effective date, of each governmental agency that required the approval by law. Page 302 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–20 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) PLANNING AND ZONING LAW GOVERNMENT CODE Title 7—Planning and Land Use Division 1—Planning and Zoning Chapter 3—Local Planning Article 5—Authority for and Scope of General Plans (excerpts) 65302.3. General and Applicable Specific Plans; Consistency with Airport Land Use Plans; Amendment; Nonconcurrence Findings (a) The general plan, and any applicable specific plan prepared pursuant to Article 8 (commencing with Section 65450), shall be consistent with the plan adopted or amended pursuant to Section 21675 of the Public Utilities Code. (b) The general plan, and any applicable specific plan, shall be amended, as necessary, within 180 days of any amendment to the plan required under Section 21675 of the Public Utilities Code. (c) If the legislative body does not concur with any provision of the plan required under Section 21675 of the Public Utilities Code, it may satisfy the provisions of this section by adopting findings pursuant to Section 21676 of the Public Utilities Code. (d) In each county where an airport land use commission does not exist, but where there is a military airport, the general plan, and any applicable specific plan prepared pursuant to Article 8 (commencing with Section 65450), shall be consistent with the safety and noise standards in the Air Installation Compatible Use Zone prepared for that military airport. Page 303 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–21 PLANNING AND ZONING LAW GOVERNMENT CODE Title 7, Division 1 Chapter 4.5—Review and Approval of Development Projects Article 3—Application for Development Projects (excerpts) Note: The following government code sections are referenced in Section 21675.2(c) of the ALUC statutes. 65943. Completeness of Application; Determination; Time; Specification of Parts not Complete and Manner of Completion (a) Not later than 30 calendar days after any public agency has received an application for a development project, the agency shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant for the development project. If the written determination is not made within 30 days after receipt of the application, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter. Upon receipt of any resubmittal of the application, a new 30- day period shall begin, during which the public agency shall determine the completeness of the application. If the application is determined not to be complete, the agency’s determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the public agency in response to the list and description. (b) Not later than 30 calendar days after receipt of the submitted materials, the public agency shall determine in writing whether they are complete and shall immediately transmit that determination to the applicant. If the written determination is not made within that 30-day period, the application together with the submitted materials shall be deemed complete for purposes of this chapter. (c) If the application together with the submitted materials are determined not to be complete pursuant to subdivision (b), the public agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both. There shall be a final written determination by the agency on the appeal not later than 60 calendar days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-day period. Notwithstanding a decision pursuant to subdivision (b) that the application and submitted materials are not complete, if the final written determination on the appeal is not made within that 60-day period, the application with the submitted materials shall be deemed complete for the purposes of this chapter. (d) Nothing in this section precludes an applicant and a public agency from mutually agreeing to an extension of any time limit provided by this section. Page 304 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–22 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) (e) A public agency may charge applicants a fee not to exceed the amount reasonably necessary to provide the service required by this section. If a fee is charged pursuant to this section, the fee shall be collected as part of the application fee charged for the development permit. (f) This section shall become operative on January 1, 2025. (Repealed (in Sec. 9) and added by Stats. 2019, Ch. 654, Sec. 10. (SB 330) Effective January 1, 2020. Section operative January 1, 2025, by its own provisions.) 65943.5. (a) Notwithstanding any other provision of this chapter, any appeal pursuant to subdivision (c) of Section 65943 involving a permit application to a board, office, or department within the California Environmental Protection Agency shall be made to the Secretary for Environmental Protection. (b) Notwithstanding any other provision of this chapter, any appeal pursuant to subdivision (c) of Section 65943 involving an application for the issuance of an environmental permit from an en- vironmental agency shall be made to the Secretary for Environmental Protection under either of the following circumstances: (1) The environmental agency has not adopted an appeals process pursuant to subdivision (c) of Section 65943. (2) The environmental agency declines to accept an appeal for a decision pursuant to subdivision (c) of Section 65943. (c) For purposes of subdivision (b), “environmental permit” has the same meaning as defined in Section 71012 of the Public Resources Code, and “environmental agency” has the same meaning as defined in Section 71011 of the Public Resources Code, except that “environmental agency” does not include the agencies described in subdivisions (c) and (h) of Section 71011 of the Public Resources Code. 65944. Acceptance of Application as Complete; Requests for Additional Information; Restrictions; Clarification, Amplification, Correction, etc; Prior to Notice of Necessary Information (a) After a public agency accepts an application as complete, the agency shall not subsequently re quest of an applicant any new or additional information which was not specified in the list prepared pursuant to Section 65940. The agency may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. (b) The provisions of subdivision (a) shall not be construed as requiring an applicant to submit with an initial application the entirety of the information which a public agency may require in order to take final action on the application. Prior to accepting an application, each public agency shall inform the applicant of any information included in the list prepared pursuant to Section 65940 which will subsequently be required from the applicant in order to complete final action on the application. (c) This section shall not be construed as limiting the ability of a public agency to request and obtain information which may be needed in order to comply with the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code. (d) (1) After a public agency accepts an application as complete, and if the project applicant has Page 305 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–23 identified that the proposed project is located within 1,000 feet of a military installation or within special use airspace or beneath a low-level flight path in accordance with Section 65940, the public agency shall provide notice of the complete application to any branch of the United States Armed Forces that has provided the Office of Planning and Research with points of contact to receive the notice. (2) Except for a project within 1,000 feet of a military installation, the public agency is not required to provide a copy of the application if the project is located entirely in an “urbanized area.” An urbanized area is any urban location that meets the definition used by the United State Department of Commerce’s Bureau of Census for “urban” and includes locations with core census block groups containing at least 1,000 people per square mile and surrounding census block groups containing at least 500 people per square mile. (e) After providing notice of the application as required in subdivision (d), and if requested by any branch of the United States Armed Forces, the public agency and the project applicant shall consult with the impacted military branch or branches to discuss the effects of the proposed project on military installations, low-level flight paths, or special use airspace, and potential alternatives and mitigation measures. (f) The Office of Planning and Research shall maintain on its internet website and provide notice to public agencies all of the following: (1) Maps of low-level flight paths, special use airspace, and military installations. (2) The military points of contact to receive notifications pursuant to subdivision (d). (3) The information required in the notice of a completed application pursuant to subdivision (d). This information shall include, at a minimum, all of the following: (A) The project’s specific location. (B) The major physical alterations to the property on which the project will be located. (C) A site place showing the location of the project on the property, as well as the massing, height, and approximate square footage, of each building that will be occupied. (D) The proposed land uses by number of units or square feet using the categories in the applicable zoning ordinance. (Amended by Stats. 2019, Ch. 142, Sec. 3. (SB 242) Effective January 1, 2020.) 65945. Notice of Proposal to Adopt or Amend Certain Plans or Ordinances by City or County, Fee; Subscription to Periodically Updated Notice as Alternative, Fee (a) At the time of filing an application for a development permit with a city or county, the city or county shall inform the applicant that he or she may make a written request to receive notice from the city or county of a proposal to adopt or amend any of the following plans or ordinances: (1) A general plan. (2) A specific plan. (3) A zoning ordinance. (4) An ordinance affecting building permits or grading permits. Page 306 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–24 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) The applicant shall specify, in the written request, the types of proposed action for which notice is requested. Prior to taking any of those actions, the city or county shall give notice to any applicant who has requested notice of the type of action proposed and whose development project is pending before the city or county if the city or county determines that the proposal is reasonably related to the applicant’s request for the development permit. Notice shall be given only for those types of actions which the applicant specifies in the request for notification. The city or county may charge the applicant for a development permit, to whom notice is provided pursuant to this subdivision, a reasonable fee not to exceed the actual cost of providing that notice. If a fee is charged pursuant to this subdivision, the fee shall be collected as part of the application fee charged for the development permit. (b) As an alternative to the notification procedure prescribed by subdivision (a), a city or county may inform the applicant at the time of filing an application for a development permit that he or she may subscribe to a periodically updated notice or set of notices from the city or county which lists pending proposals to adopt or amend any of the plans or ordinances specified in subdivision (a), together with the status of the proposal and the date of any hearings thereon which have been set. Only those proposals which are general, as opposed to parcel-specific in nature, and which the city or county determines are reasonably related to requests for development permits, need be listed in the notice. No proposal shall be required to be listed until such time as the first public hearing thereon has been set. The notice shall be updated and mailed at least once every six weeks; except that a notice need not be updated and mailed until a change in its contents is required. The city or county may charge the applicant for a development permit, to whom notice is provided pursuant to this subdivision, a reasonable fee not to exceed the actual cost of providing that notice, including the costs of updating the notice, for the length of time the applicant requests to be sent the notice or notices. 65945.3. Notice of Proposal to Adopt or Amend Rules or Regulations Affecting Issuance of Permits by Local Agency other than City or County; Fee At the time of filing an application for a development permit with a local agency, other than a city or county, the local agency shall inform the applicant that he or she may make a written request to receive notice of any proposal to adopt or amend a rule or regulation affecting the issuance of development permits. Prior to adopting or amending any such rule or regulation, the local agency shall give notice to any applicant who has requested such notice and whose development project is pending before the agency if the local agency determines that the proposal is reasonably related to the applicant’s request for the development permit. The local agency may charge the applicant for a development permit, to whom notic e is provided pursuant to this section, a reasonable fee not to exceed the actual cost of providing that notice. If a fee is charged pursuant to this section, the fee shall be collected as part of the application fee charged for the development permit. Page 307 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–25 65945.5. Notice of Proposal to Adopt or Amend Regulation Affecting Issuance of Permits and Which Implements Statutory Provision by State Agency At the time of filing an application for a development permit with a state agency, the state agency shall inform the applicant that he or she may make a written request to receive notice of any proposal to adopt or amend a regulation affecting the issuance of development permits and which implements a statutory provision. Prior to adopting or amending any such regulation, the state agency shall give notice to any applicant who has requested such notice and whose development project is pending before the state agency if the state agency determines that the proposal is reasonably related to the applicant’s request for the development permit. 65945.7. Actions, Inactions, or Recommendations Regarding Ordinances, Rules or Regulations; Invalidity or Setting Aside Ground of Error Only if Prejudicial No action, inaction, or recommendation regarding any ordinance, rule, or regulation subject to this Section 65945, 65945.3, or 65945.5 by any legislative body, administrative body, or the officials of any state or local agency shall be held void or invalid or be set aside by any court on the ground of any error, irregularity, informality, neglect or omission (hereinafter called “error”) as to any matter pertaining to notices, records, determinations, publications or any matters of procedure whatever, unless after an examination of the entire case, including evidence, the court shall be of the opinion that the error complained of was prejudicial, and that by reason of such error the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed. There shall be no presumption that error is prejudicial or that injury was done if error is shown. 65946. [Replaced by AB2351 Statutes of 1993] Page 308 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–26 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) PLANNING AND ZONING LAW GOVERNMENT CODE Title 7, Division 1 Chapter 9.3—Mediation and Resolution of Land Use Disputes (excerpts) 66030. (a) The Legislature finds and declares all of the following: (1) Current law provides that aggrieved agencies, project proponents, and affected residents may bring suit against the land use decisions of state and l ocal governmental agencies. In practical terms, nearly anyone can sue once a project has been approved. (2) Contention often arises over projects involving local general plans and zoning, redevelopment plans, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), development impact fees, annexations and in corporations, and the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)). (3) When a public agency approves a development project that is not in accordance with the law, or when the prerogative to bring suit is abused, lawsuits can delay development, add uncertainty and cost to the development process, make housing more expensive, and damage California’s competitiveness. This litigation begins in the superior court, and often progresses on appeal to the Court of Appeal and the Supreme Court, adding to the workload of the state’s already overburdened judicial system. (b) It is, therefore, the intent of the Legislature to help litigants resolve their differences by establishing formal mediation processes for land use disputes. In establishing these mediation processes, it is not the intent of the Legislature to interfere with the ability of litigants to pursue remedies through the courts. 66031. (a) Notwithstanding any other provision of law, any action brought in the superior court relating to any of the following subjects may be subject to a mediation proceeding conducted pursuant to this chapter: (1) The approval or denial by a public agency of any development project. (2) Any act or decision of a public agency made pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (3) The failure of a public agency to meet the time limits specified in Chapter 4.5 (commencing with Section 65920), commonly known as the Permit Streamlining Act, or in the Subdivision Map Act (Division 2 (commencing with Section 66410)). (4) Fees determined pursuant to Chapter 6 (commencing with Section 17620) of Division 1 of Part 10.5 of the Education Code or Chapter 4.9 (commencing with Section 65995). (5) Fees determined pursuant to the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section Page 309 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–27 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). (6) The adequacy of a general plan or specific plan adopted pursuant to Chapter 3 (commencing with Section 65100). (7) The validity of any sphere of influence, urban service area, change of organization or reorganization, or any other decision made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5). (8) The adoption or amendment of a redevelopment plan pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). (9) The validity of any zoning decision made pursuant to Chapter 4 (commencing with Section 65800). (10) The validity of any decision made pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code. (b) Within five days after the deadline for the respondent or defendant to file its reply to an action, the court may invite the parties to consider resolving their dispute by selecting a mutually acceptable person to serve as a mediator, or an organization or agency to provide a mediator. (c) In selecting a person to serve as a mediator, or an organization or agency to provide a mediator, the parties shall consider the following: (1) The council of governments having jurisdiction in the county where the dispute arose. (2) Any subregional or countywide council of governments in the county where the dispute arose. (3) Any other person with experience or training in mediation including those with experience in land use issues, or any other organization or agency that can provide a person with experience or training in mediation, including those with experience in land use issues. (d) If the court invites the parties to consider mediation, the parties shall notify the court within 30 days if they have selected a mutually acceptable person to serve as a mediator. If the parties have not selected a mediator within 30 days, the action shall proceed. The court shall not draw any implication, favorable or otherwise, from the refusal by a party to accept the invitation by the court to consider mediation. Nothing in this section shall preclude the parties from using mediation at any other time while the action is pending. Page 310 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–28 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) PLANNING AND ZONING LAW GOVERNMENT CODE Title 7—Planning and Land Use Division 2—Subdivisions Chapter 3—Procedure Article 3—Review of Tentative Map by Other Agencies (excerpts) 66455.9. Whenever there is consideration of an area within a development for a public schoolsite, the advisory agency shall give the affected districts and the State Department of Education written notice of the proposed site. The written notice shall include the identification of any existing or proposed runways within the distance specified in Section 17215 of the Education Code. If the site is within the distance of an existing or proposed airport runway as described in Section 17215 of the Education Code, the department shall notify the State Department of Transportation as required by the section and the site shall be investigated by the State Department of Transportation required by Section 17215. Page 311 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–29 EDUCATION CODE Title 1—General Education Code Provisions Division 1—General Education Code Provisions Part 10.5—School Facilities Chapter 1—School Sites Article 1—General Provisions (excerpts) 17215. (a) In order to promote the safety of pupils, comprehensive community planning, and greater educational usefulness of schoolsites, before acquiring title to or leasing property for a new schoolsite, the governing board of each school district, including any district governed by a city board of education, or a charter school, shall give the State Department of Education written notice of the proposed acquisition or lease and shall submit any information required by the State Department of Education if the site is within two miles, measured by air line, of that point on an airport runway or a potential runway included in an airport master plan that is nearest to the site. (b) Upon receipt of the notice required pursuant to subdivision (a), the State Department of Education shall notify the Department of Transportation in writing of the proposed acquisition or lease. If the Department of Transportation is no longer in operation, the State Department of Education shall, in lieu of notifying the Department of Transportation, notify the United States Department of Transportation or any other appropriate agency, in writing, of the proposed acquisition or lease for the purpose of obtaining from the department or other agency any information or assistance that it may desire to give. (c) The Department of Transportation shall investigate the site and, within 30 working days after receipt of the notice, shall submit to the State Department of Education a written report of its findings including recommendations concerning acquisition or lease of the site. As part of the investigation, the Department of Transportation shall give notice thereof to the owner and operator of the airport who shall be granted the opportunity to comment upon the site. The Department of Transportation shall adopt regulations setting forth the criteria by which a site will be evaluated pursuant to this section. (d) The State Department of Education shall, within 10 days of receiving t he Department of Transportation’s report, forward the report to the governing board of the school district or charter school. The governing board or charter school may not acquire title to or lease the property until the report of the Department of Transportation has been received. If the report does not favor the acquisition or lease of the property for a schoolsite or an addition to a present schoolsite, the governing board or charter school may not acquire title to or lease the property. If the report does favor the acquisition or lease of the property for a schoolsite or an addition to a present schoolsite, the governing board or charter school shall hold a public hearing on the matter prior to acquiring or leasing the site. (e) If the Department of Transportation’s recommendation does not favor acquisition or lease of the proposed site, state funds or local funds may not be apportioned or expended for the acquisition or lease of that site, construction of any school building on that site, or for the expansion of any existing site to include that site. (f) This section does not apply to sites acquired prior to January 1, 1966, nor to any additions or extensions to those sites. Page 312 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–30 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) EDUCATION CODE Title 3—Postsecondary Education Division 7—Community Colleges Part 49—Community Colleges, Education Facilities Chapter 1—School Sites Article 2—School Sites (excerpts) 81033. Investigation: Geologic and Soil Engineering Studies; Airport in Proximity (c) To promote the safety of students, comprehensive community planning, and greater educational usefulness of community college sites, the governing board of each community college district, if the proposed site is within two miles, measured by air line, of that point on an airport runway, or runway proposed by an airport master plan, which is nearest the site and excluding them if the property is not so located, before acquiring title to property for a new community college site or for an addition to a present site, shall give the board of governors notice in writing of the proposed acquisition and shall submit any information required by the board of governors. Immediately after receiving notice of the proposed acquisition of property which is within two miles, measured by air line, of that point on an airport runway, or runway proposed by an airport master plan, which is nearest the site, the board of governors shall notify the Division of Aeronautics of the Department of Transportation, in writing, of the proposed acquisition. The Division of Aeronautics shall make an investigation and report to the board of governors within 30 working days after receipt of the notice. If the Division of Aeronautics is no longer in operation, the board of governors, in lieu of notifying the Division of Aeronautics, shall notify the Federal Aviation Administration or any other appropriate agency, in writing, of the proposed acquisition for the purpose of obtaining from the authority or other agency any information or assistance it may desire to give. The board of governors shall investigate the proposed site and, within 35 working days after receipt of the notice, shall submit to the governing board a written report and its recommendations concerning acquisition of the site. The governing board shall not acquire title to the property until the report of the board of governors has been received. If the report does not favor the acquisition of the property for a community college site or an addition to a present community college site, the governing board shall not acquire title to the property until 30 days after the department’s report is received and until the board of governors’ report has been read at a public hearing duly called after 10 days’ notice published once in a newspaper of general circulation within the community college district, or if there is no such newspaper, then in a newspaper of general circulation within the county in which the property is located. (d) If, with respect to a proposed site located within two miles of an operative airport runway, the report of the board of governors submitted to a community college district governing board under subdivision (c) does not favor the acquisition of the site on the sole or partial basis of the unfavorable recommendation of the Division of Aeronautics of the Department of Transportation, no state agency or officer shall grant, apportion, or allow to that community college district for expenditure in connection with that site, any state funds otherwise made available under any state law whatever for community college site acquisition or college building construction, or for expansion of existing sites and buildings, and no funds of the community college district or of the county in which the Page 313 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–31 district lies shall be expended for those purposes; However, this section shall not be applicable to sites acquired prior to January 1, 1966, or to any additions or extensions to those sites. If the recommendation of the Division of Aeronautics is unfavorable, the recommendation shall not be overruled without the express approval of the board of governors and the State Allocation Board. Page 314 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–32 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) CALIFORNIA ENVIRONMENTAL QUALITY ACT STATUTES PUBLIC RESOURCES CODE Division 13—Environmental Quality Chapter 2.6—General (excerpts) 21096. Airport Planning (a) If a lead agency prepares an environmental impact report for a project situated within airport land use compatibility plan boundaries, or, if an airport land use compatibility plan has not been adopted, for a project within two nautical miles of a public airport or public use airport, the Airport Land Use Planning Handbook published by the Division of Aeronautics of the Department of Transportation, in compliance with Section 21674.5 of the Public Utilities Code and other documents, shall be utilized as technical resources to assist in the preparation of the environmental impact report as the report relates to airport-related safety hazards and noise problems. (b) A lead agency shall not adopt a negative declaration for a project described in subdivision (a) unless the lead agency considers whether the project will result in a safety hazard or noise problem for persons using the airport or for persons residing or working in the project area. Page 315 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–33 BUSINESS AND PROFESSIONS CODE Division 4—Real Estate Part 2—Regulation of Transactions Chapter 1—Subdivided Lands Article 2—Investigation, Regulation and Report (excerpts) 11010. (a) Except as otherwise provided pursuant to subdivision (c) or elsewhere in this chapter, any person who intends to offer subdivided lands within this state for sale or lease shall file with the Bureau of Real Estate an application for a public report consisting of a notice of intention and a completed questionnaire on a form prepared by the bureau. (b) The notice of intention shall contain the following information about the subdivided lands and the proposed offering: [Sub-Sections (1) through (12) omitted] (13) (A) The location of all existing airports, and of all proposed airports shown on the general plan of any city or county, located within two statute miles of the subdivision. If the property is located within an airport influence area, the following statement shall be included in the notice of intention: NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. (B) For purposes of this section, an “airport influence area,” also known as an “airport referral area,” is the area in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses as determined by an airport land use commission. Page 316 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–34 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) CIVIL CODE Division 2—Property Part 4—Acquisition of Property Title 4—Transfer Chapter 2—Transfer of Real Property Article 1.7—Disclosure of Natural Hazards Upon Transfer of Residential Property (excerpts) 1103. (a) For purpose of this article, the definitions in Chapter 1 (commencing with Section 10000) of Part 1 of Division 4 of the Business and Professions Code shall apply. (b) Except as provided in Section 1103.1, this article applies to a sale, exchange, real property sales contract, as defined in Section 2985, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential real property. (c) This article shall apply to the transactions described in subdivision (b) only if the seller or his or her agent is required by one or more of the following to disclose the property’s location within a hazard zone: (1) A seller’s agent for a seller of real property that is located within a special flood hazard area (any type Zone “A” or “V”) designated by the Federal Emergency Management Agency, or the seller if the seller is acting without a seller’s agent, shall disclose to any prospective buyer the fact that the property is located within a special flood hazard area if either: (A) The seller, or the seller’s agent, has actual knowledge that the property is within a special flood hazard area. (B) The local jurisdiction has compiled a list, by parcel, of properties that are within the special flood hazard area and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the parcel list. (2) … located within an area of potential flooding… shall disclose to any prospective buyer the fact that the property is located within an area of potential flooding if either: (3) … is located within a very high fire hazard severity zone, designated pursuant to Section 51178 of the Government Code… shall disclose to any prospective buyer the fact that the property is located within a very high fire hazard severity zone and is subject to the requirements of Section 51182… (4) … is located within an earthquake fault zone, designated pursuant to Section 2622 of the Public Resources Code… shall disclose to any prospective buyer the fact that the property is located within a delineated earthquake fault zone… regarding changes to the map received by the county. (5) … is located within a seismic hazard zone, designated pursuant to Section 2696 of the Public Resources Code, or the seller if the seller is acting without an agent, shall disclose to any prospective buyer the fact that the property is located within a seismic hazard… (6) …is located within a state responsibility area determined by the board, pursuant to Section 4125 of the Public Resources Code, or the seller’s agent, shall disclose to any prospective buyer the fact that Page 317 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–35 the property is located within a wildland area that may contain substantial forest fire risks and hazards and is subject to the requirements of Section 4291 of the Public Resources Code… (d) Any waiver of the requirements of this article is void as against public policy. (Amended by Stats. 2018, Ch. 907, Sec. 20. (AB 1289) Effective January 1, 2019.)1103.1. (a) This article does not apply to the following sales: (1) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a probate court in administration of an estate, sales pursuant to a writ of execution, sales by any foreclosure sale, sales by a trustee in bankruptcy, sales by eminent domain, and sales resulting from a decree for specific performance. (2) Sales or transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, transfers by any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, or sales by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure. (3) Sales or transfers by a fiduciary in the course of the administration of a trust, guardianship, conservatorship, or decedent’s estate. This exemption shall not apply to a sale if the trustee is a natural person who is a trustee of a revocable trust and the seller is a former owner of the property or an occupant in possession of the property within the preceding year. (4) Sales or transfers from one coowner to one or more other coowners. (5) Sales or transfers made to a spouse, or to a person or persons in the lineal line of consanguinity of one or more of the sellers. (6) Sales or transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation of the parties or from a property settlement agreement incidental to that judgment. (7) Sales or transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (8) Sales or transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code. (9) Sales, transfers, or exchanges to or from any governmental entity. (10) The sale, creation, or transfer of any lease of any duration except a lease with an option to purchase or a ground lease coupled with improvements. (b) Sales and transfers not subject to this article may be subject to other disclosure requirements, including those under Sections 8589.3, 8589.4, and 51183.5 of the Government Code and Sections 2621.9, 2694, and 4136 of the Public Resources Code. In sales not subject to this article, agents may make required disclosures in a separate writing. (c) Notwithstanding the definition of sale in Section 10018.5 of the Business and Professions Code and Section 2079.13, the terms “sale” and “transfer,” as they are used in this section, shall have their commonly understood meanings. The changes made to this section by Assembly Bill 1289 of the Page 318 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–36 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) 2017–18 Legislative Session shall not be interpreted to change the application of the law as it read prior to January 1, 2019. (Amended by Stats. 2019, Ch. 310, Sec. 7. (AB 892) Effective January 1, 2020.)1103.2. (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement: [content omitted]. (b) If an earthquake fault zone, seismic hazard zone, very high fire hazard severity zone, or wildland fire area map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a natural hazard area, the seller or seller’s agent shall mark “Yes” on the Natural Hazard Disclosure Statement. The seller’s agent may mark “No” on the Natural Hazard Disclosure Statement if the seller attaches a report prepared pursuant to subdivision (c) of Section 1103.4 that verifies the property is not in the hazard zone. This subdivision is not intended to limit or abridge any existing duty of the seller or the seller’s agents to exercise reasonable care in making a determination under this subdivision. [Sub-Sections (c) through (h) omitted] [Section 1103.3 omitted] 1103.4. (a) Neither the seller nor any seller’s agent or buyer’s agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to this article if the error, inaccuracy, or omission was not within the personal knowledge of the seller or the seller’s agent or buyer’s agent and was based on information timely provided by public agencies or by other persons providing information as specified in subdivision (c) that is required to be disclosed pursuant to this article, and ordinary care was exercised in obtaining and transmitting the information. (b) The delivery of any information required to be disclosed by this article to a prospective buyer by a public agency or other person providing information required to be disclosed pursuant to this article shall be deemed to comply with the requirements of this article and shall relieve the seller, seller’s agent, and buyer’s agent of any further duty under this article with respect to that item of information. (c) The delivery of a report or opinion prepared by a licensed engineer, land surveyor, geologist, or expert in natural hazard discovery dealing with matters within the scope of the professional’s license or expertise, shall be sufficient compliance for application of the exemption provided by subdivision (a) if the information is provided to the prospective buyer pursuant to a request therefor, whether written or oral. In responding to that request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of Section 1103.2 and, if so, shall indicate the required disclosures, or parts thereof, to which the information being furnished is applicable. Where such a statement is furnished, the expert shall not be responsible for any items of information, or parts thereof, other than those expressly set forth in the statement. (1) In responding to the request, the expert shall determine whether the property is within an airport influence area as defined in subdivision (b) of Section 11010 of the Business and Professions Code. If the property is within an airport influence area, the report shall contain the following statement: Page 319 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–37 NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. [Remainder of Article 1.7 omitted] Page 320 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–38 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) CIVIL CODE Division 4 Part 5—Common Interest Developments Chapter 3—Governing Documents Article 2—Declaration (excerpts) 4250. (a) A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the common interest development is a community apartment project, condominium project, planned development, stock cooperative, or combination thereof. The declaration shall additionally set forth the name of the association and the restrictions on the use or enjoyment of any portion of the common interest development that are intended to be enforceable equitable servitudes. (b) The declaration may contain any other matters the declarant or the members consider appropriate. 4255. (a) If a common interest development is located within an airport influence area, a declaration, recorded after January 1, 2004, shall contain the following statement: NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. (b) For purposes of this section, an “airport influence area,” also known as an “airport referral area,” is the area in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses as determined by an airport land use commission. (c) [Omitted] (d) The statement in a declaration acknowledging that a property is located in an airport influence area … does not constitute a title defect, lien, or encumbrance. 4260. Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration that fails to include provisions permitting its amendment at all times during its existence may be amended at any time. Page 321 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–39 LEGISLATIVE HISTORY SUMMARY1 PUBLIC UTILITIES CODE Sections 21670 et seq. Airport Land Use Commission Statutes And Related Statutes 1967 Original ALUC statute enacted. ▪ Establishment of ALUCs required in each county containing a public airport served by a certificated air carrier. ▪ The purpose of ALUCs is indicated as being to make recommendations regarding height restrictions on buildings and the use of land surrounding airports. 1970 Assembly Bill 1856 (Badham) Chapter 1182, Statutes of 1970—Adds provisions which: ▪ Require ALUCs to prepare comprehensive land use plans. ▪ Require such plans to include a long-range plan and to reflect the airport’s forecast growth during the next 20 years. ▪ Require ALUC review of airport construction plans (Section 21661.5). ▪ Exempt Los Angeles County from the requirement of establishing an ALUC. 1971 The function of ALUCs is restated as being to require new construction to conform to Department of Aeronautics standards. 1973 ALUCs are permitted to establish compatibility plans for military airports. 1982 Assembly Bill 2920 (Rogers) Chapter 1041, Statutes of 1982—Adds major changes which: ▪ More clearly articulate the purpose of ALUCs. ▪ Eliminate reference to “achieve by zoning.” ▪ Require consistency between local general and specific plans and airport land use commis- sion plans; the requirements define the process for attaining consistency, they do not estab- lish standards for consistency. ▪ Eliminate the requirement for proposed individual development projects to be referred to an ALUC for review once local general/specific plans are consistent with the ALUC’s plan. ▪ Require that local agencies make findings of fact before overriding an ALUC decision. ▪ Change the vote required for an override from 4/5 to 2/3. 1984 Assembly Bill 3551 (Mountjoy) Chapter 1117, Statutes of 1984—Amends the law to: ▪ Require ALUCs in all counties having an airport which serv es the general public unless a county and its cities determine an ALUC is not needed. ▪ Limit amendments to compatibility plans to once per year. ▪ Allow individual projects to continue to be referred to the ALUC by agreement. ▪ Extend immunity to airports if an ALUC action is overridden by a local agency not owning the airport. 1 Source: California Airport Land Use Planning Handbook (October 2011) Page 322 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–40 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) ▪ Provide state funding eligibility for preparation of compatibility plans through the Regional Transportation Improvement Program process. 1987 Senate Bill 633 (Rogers) Chapter 1018, Statutes of 1987—Makes revisions which: ▪ Require that a designated body serving as an ALUC include two members having “expertise in aviation.” ▪ Allows an interested party to initiate court proceedings to postpone the effective date of a local land use action if a compatibility plan has not been adopted. ▪ Delete sunset provisions contained in certain clauses of the law. Allows reimbursement for ALUC costs in accordance with the Commission on State Mandates. 1989 Senate Bill 255 (Bergeson) Chapter 54, Statutes of 1989— ▪ Sets a requirement that comprehensive land use plans be completed by June 1991. ▪ Establishes a method for compelling ALUCs to act on matters submitted for review. ▪ Allows ALUCs to charge fees for review of projects. ▪ Suspends any lawsuits that would stop development until the ALUC adopts its plan or until June 1, 1991. 1989 Senate Bill 235 (Alquist) Chapter 788, Statutes of 1989—Appropriates $3,672,000 for the payment of claims to counties seeking reimbursement of costs incurred during fiscal years 1985- 86 through 1989-90 pursuant to state-mandated requirement (Chapter 1117, Statutes of 1984) for creation of ALUCs in most counties. This statute was repealed in 1993. 1990 Assembly Bill 4164 (Mountjoy) Chapter 1008, Statutes of 1990—Adds section 21674.5 requiring the Division of Aeronautics to develop and implement a training program for ALUC staffs. 1990 Assembly Bill 4265 (Clute) Chapter 563, Statutes of 1990—With the concurrence of the Division of Aeronautics, allows ALUCs to use an airport layout plan, rather than a long-range airport master plan, as the basis for preparation of a compatibility plan. 1990 Senate Bill 1288 (Beverly) Chapter 54, Statutes of 1990—Amends Section 21670.2 to give Los Angeles County additional time to prepare compatibility plans and meet other provisions of the ALUC statutes. 1991 Senate Bill 532 (Bergeson) Chapter 140, Statutes of 1991— ▪ Allows counties having half of their compatibility plans completed or under preparation by June 30, 1991, an additional year to complete the remainder. ▪ Allows ALUCs to continue to charge fees under these circumstances. ▪ Fees may be charged only until June 30, 1992, if plans are not completed by then. 1993 Senate Bill 443 (Committee on Budget and Fiscal Review) Chapter 59, Statutes of 1993 — Amends Section 21670(b) to make the formation of ALUCs permissive rather than mandatory as of June 30, 1993. (Note: Section 21670.2 which assigns responsibility for coordinating the airport planning of public agencies in Los Angeles County is not affected by this amendment.) 1994 Assembly Bill 2831 (Mountjoy) Chapter 644, Statutes of 1994 —Reinstates the language in Section 21670(b) mandating establishment of ALUCs, but also provides for an alternative airport land use planning process. Lists specific actions which a county and affected cities must take in order for such alternative process to receive Caltrans approval. Requires that ALUCs be guided by information in the Caltrans Airport Land Use Planning Handbook when formulating airport land use plans. Page 323 of 550 STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) A–41 1994 Senate Bill 1453 (Rogers) Chapter 438, Statutes of 1994 —Amends California Environmental Quality Act (CEQA) statutes as applied to preparation of environmental documents affecting projects in the vicinity of airports. Requires lead agencies to use the Airport Land Use Planning Handbook as a technical resource when assessing the airport-related noise and safety impacts of such projects. 1997 Assembly Bill 1130 (Oller) Chapter 81, Statutes of 1997—Added Section 21670.4 concerning airports whose planning boundary straddles a county line. 2000 Senate Bill 1350 (Rainey) Chapter 506, Statutes of 2000—Added Section 21670(f) clarifying that special districts are among the local agencies to which airport land use planning laws are intended to apply. 2001 Assembly Bill 93 (Wayne) Chapter 946, Statutes of 2001—Added Section 21670.3 regarding San Diego County Regional Airport Authority’s responsibility for airport planning within San Diego County. 2002 Assembly Bill 3026 (Committee on Transportation) Chapter 438, Sta tutes of 2002—Changes the term “comprehensive land use plan” to “airport land use compatibility plan.” 2002 Assembly Bill 2776 (Simitian) Chapter 496, Statutes of 2002—Requires information regarding the location of a property within an airport influence area be disclosed as part of certain real estate transactions effective January 1, 2004. 2002 Senate Bill 1468 (Knight) Chapter 971, Statutes of 2002—Changes ALUC preparation of airport land use compatibility plans for military airports from optional to required. Requires that the plans be consistent with the safety and noise standards in the Air Installation Compatible Use Zone for that airport. Requires that the general plan and any specific plans be consistent with these standards where there is military airport, but an airport land use commission does not exist. 2003 Assembly Bill 332 (Mullin) Chapter 351, Statutes of 2003—Clarifies that school districts and community college districts are subject to compatibility plans. Requires local public agencies to notify ALUC and Division of Aeronautics at least 45 days prior to deciding to overrule the ALUC. Adds that prior to granting building construction permits, local agencies shall be guided by the criteria established in the Airport Land Use Planning Handbook and any related federal aviation regulations to the extent that the criteria has been incorporated into their airport land use compatibility plan. 2004 Senate Bill 1223 (Committee on Transportation) Chapter 615, Statutes of 2004—Technical revisions eliminating most remaining references to the term “comprehensive land use plan” and replacing it with “airport land use compatibility plan.” Also replaces the terms “planning area” and “study area” with “airport influence area.” 2005 Assembly Bill 1358 (Mullin) Chapter 29, Statutes of 2005—Requires a school district to notify the Department of Transportation before leasing property for a new school site within two miles of an airport. Also makes these provisions applicable to charter schools. 2007 Senate Bill 10 (Kehoe) Chapter 287, Statutes of 2007—The San Diego County Regional Airport Authority Reform Act of 2007. Restructures the airport authority established in 2001 by AB 93 (Wayne), with a set of goals related to governance, accountability, planning and operations at San Diego International Airport. Page 324 of 550 APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A–42 Mendocino County Airport Land Use Compatibility Plan (Adopted May 20, 2021) 2009 Assembly Bill 45 (Blakeslee) Chapter 404, Statutes of 2009—Requires small wind energy systems installed near airports to comply with all applicable Federal Aviation Administration requirements, including Subpart B of Part 77. These systems are not allowed to locate in vicinity of an airport if they are prohibited by a comprehensive land use plan or any implementing regulations adopted by an Airport Land Use Commission. 2010 Senate Bill 1333 (Yee) Chapter 329, Statutes of 2010—If a local government requires dedication of an avigation easement to the owner or operator of the airport as a condition of approval of a noise-sensitive project, the avigation easement must be granted prior to the issuance of the building permit. Also requires that a termination clause be included in the avigation easement if the project is not built or the permit has expired or been revoked. 2012 Assembly Bill 805 (Torres) Chapter 180, Statutes of 2012—Recodifies the Common Interest Development Act which requires a recorded disclosure statement if a common interest development is located within an airport influence area. 2012 Assembly Bill 1486 (Lara) Chapter 690, Statutes of 2012—Exempts from CEQA the design, construction and maintenance of certain structures and equipment of the Los Angeles Regional Interoperable Communications System (LA-RICS). However, any new antenna would be required to comply with applicable state and federal height restrictions and any height limits established by an applicable airport land use compatibility plan. 2013 Assembly Bill 1058 (Chàvez) Chapter 83, Statutes of 2013—Modifies the process by which directors are appointed to the San Diego County Regional Airport Authority; the entity responsible for preparing, adopting and amending airport land use compatibility plans for each airport in San Diego County. 2013 Assembly Bill 758 (Block) Chapter 606, Statutes of 2013—Provides the City of Coronado with 540 days, instead of the standard 180 days, of any amendment to the airport land use compatibility plan to amend its general plan and any applicable specific plan. Page 325 of 550 A P P E N D I X B Title 14 Code of Federal Regulations Part 77 Safe, Efficient Use and Preservation of the Navigable Airspace Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) B–1 Current as of June 2016 Subpart A GENERAL 77.1 Purpose. This part establishes: (a) The requirements to provide notice to the FAA of certain proposed construction, or the alteration of existing structures; (b) The standards used to determine obstructions to air navigation, and navigational and communication facilities; (c) The process for aeronautical studies of obstructions to air navigation or navigational facilities to determine the effect on the safe and efficient use of navigable airspace, air navigation facilities or equipment; and (d) The process to petition the FAA for discretionary review of determinations, revisions, and extensions of determinations. 77.3 Definitions. For the purpose of this part: “Non-precision instrument runway” means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved, or planned, and for which no precision approach facilities are planned, or indicated on an FAA planning document or military service military airport planning document. Planned or proposed airport is an airport that is the subject of at least one of the following documents received by the FAA: (1) Airport proposals submitted under 14 CFR Part 157. (2) Airport Improvement Program requests for aid. (3) Notices of existing airports where prior notice of the airport construction or alteration was not provided as required by 14 CFR Part 157. (4) Airport layout plans. (5) DOD proposals for airports used only by the U.S. Armed Forces. (6) DOD proposals on joint-use (civil-military) airports. Page 326 of 550 APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B–2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (7) Completed airport site selection feasibility study. “Precision instrument runway” means a runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS), or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated by an FAA-approved airport layout plan; a military service approved military airport layout plan; any other FAA planning document, or military service military airport planning document. “Public use airport” is an airport available for use by the general public without a requireme nt for prior approval of the airport owner or operator. “Seaplane base” is considered to be an airport only if its sea lanes are outlined by visual markers. “Utility runway” means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less. “Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an FAA-approved airport layout plan, a military service approved military airport layout plan, or by any planning document submitted to the FAA by competent authority. Subpart B NOTICE REQUIREMENTS 77.5 Applicability. (a) If you propose any construction or alteration described in §77.9, you must provide adequate notice to the FAA of that construction or alteration. (b) If requested by the FAA, you must also file supplemental notice before the start date and upon completion of certain construction or alterations that are described in §77.9. (c) Notice received by the FAA under this subpart is used to: (1) Evaluate the effect of the proposed construction or alteration on safety in air commerce and the efficient use and preservation of the navigable airspace and of airport traffic capacity at public use airports; (2) Determine whether the effect of proposed construction or alteration is a hazard to air navigation; (3) Determine appropriate marking and lighting recommendations, using FAA Advisory Circular 70/7460–1, Obstruction Marking and Lighting; (4) Determine other appropriate measures to be applied for continued safety of air navigation; and (5) Notify the aviation community of the construction or alteration of objects that affect the navigable airspace, including the revision of charts, when necessary. Page 327 of 550 TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) B–3 77.7 Form and time of notice. (a) If you are required to file notice under §77.9, you must submit to the FAA a completed FAA Form 7460–1, Notice of Proposed Construction or Alteration. FAA Form 7460 –1 is available at FAA regional offices and on the Internet. (b) You must submit this form at least 45 days before the start date of the proposed construction or alteration or the date an application for a construction permit is filed, whichever is earliest. (c) If you propose construction or alteration that is also subject to the licensing requirements of the Federal Communications Commission (FCC), you must submit notice to the FAA on or before the date that the application is filed with the FCC. (d) If you propose construction or alteration to an existing structure that exceeds 2,000 ft. in height above ground level (AGL), the FAA presumes it to be a hazard to air navigation that results in an inefficient use of airspace. You must include details explaining both why the proposal would not constitute a hazard to air navigation and why it would not cause an inefficient use of airspace. (e) The 45-day advance notice requirement is waived if immediate construction or alteration is required because of an emergency involving essential public services, public health, or public safety. You may provide notice to the FAA by any available, expeditious means. You must file a completed FAA Form 7460–1 within 5 days of the initial notice to the FAA. Outside normal business hours, the nearest flight service station will accept emergency notices. 77.9 Construction or alteration requiring notice. If requested by the FAA, or if you propose any of the following types of construction or alteration, you must file notice with the FAA of: (a) Any construction or alteration that is more than 200 ft. AGL at its site. (b) Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of the following slopes: (1) 100 to 1 for a horizontal distance of 20,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway more than 3,200 ft. in actual length, excluding heliports. (2) 50 to 1 for a horizontal distance of 10,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway no more than 3,200 ft. in actual length, excluding heliports. (3) 25 to 1 for a horizontal distance of 5,000 ft. from the nearest point of the nearest landing and takeoff area of each heliport described in paragraph (d) of this section. (c) Any highway, railroad, or other traverse way for mobile objects, of a height which, if adjusted upward 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance, 15 feet for any other public roadway, 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road, 23 feet for a railroad, and for a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed a standard of paragraph (a) or (b) of this section. (d) Any construction or alteration on any of the following airports and heliports: Page 328 of 550 APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B–4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (1) A public use airport listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart Supplement of the U.S. Government Flight Information Publications; (2) A military airport under construction, or an airport under construction that will be available for public use; (3) An airport operated by a Federal agency or the DOD. (4) An airport or heliport with at least one FAA-approved instrument approach procedure. (e) You do not need to file notice for construction or alteration of: (1) Any object that will be shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height, and will be located in the congested area of a city, town, or settlement where the shielded structure will not adversely affect safety in air navigation; (2) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device meeting FAA-approved siting criteria or an appropriate military service siting criteria on military airports, the location and height of which are fixed by its functional purpose; (3) Any construction or alteration for which notice is required by any other FAA regulation. (4) Any antenna structure of 20 feet or less in height, except one that would increase the height of another antenna structure. 77.11 Supplemental notice requirements. (a) You must file supplemental notice with the FAA when: (1) The construction or alteration is more than 200 feet in height AGL at its site; or (2) Requested by the FAA. (b) You must file supplemental notice on a prescribed FAA form to be received within the time limits specified in the FAA determination. If no time limit has been specified, you must submit supplemental notice of construction to the FAA within 5 days after the structure reaches its greatest height. (c) If you abandon a construction or alteration proposal that requires supplemental notice, you must submit notice to the FAA within 5 days after the project is abandoned. (d) If the construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. Page 329 of 550 TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) B–5 Subpart C STANDARDS FOR DETERMINING OBSTRUCTIONS TO AIR NAVIGATION OR NAVIGATIONAL AIDS OR FACILITIES 77.13 Applicability. This subpart describes the standards used for determining obstructions to air navigation, navigational aids, or navigational facilities. These standards apply to the following: (a) Any object of natural growth, terrain, or permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus. (b) The alteration of any permanent or temporary existing structure by a change in its height, including appurtenances, or lateral dimensions, including equipment or material used therein. 77.15 Scope. (a) This subpart describes standards used to determine obstructions to air navigation that may affect the safe and efficient use of navigable airspace and the operation of planned or existing air navigation and communication facilities. Such facilities include air navigation aids, communication equipment, airports, Federal airways, instrument approach or departure procedures, and approved off-airway routes. (b) Objects that are considered obstructions under the standards described in this subpart are presumed hazards to air navigation unless further aeronautical study concludes that the object is not a hazard. Once further aeronautical study has been initiated, the FAA will use the standards in this subpart, along with FAA policy and guidance material, to determine if the object is a hazard to air navigation. (c) The FAA will apply these standards with reference to an e xisting airport facility, and airport proposals received by the FAA, or the appropriate military service, before it issues a final determination. (d) For airports having defined runways with specially prepared hard surfaces, the primary surface for each runway extends 200 feet beyond each end of the runway. For airports having defined strips or pathways used regularly for aircraft takeoffs and landings, and designated runways, without specially prepared hard surfaces, each end of the primary surface for each su ch runway shall coincide with the corresponding end of the runway. At airports, excluding seaplane bases, having a defined landing and takeoff area with no defined pathways for aircraft takeoffs and landings, a determination must be made as to which portions of the landing and takeoff area are regularly used as landing and takeoff pathways. Those determined pathways must be considered runways, and an appropriate primary surface as defined in §77.19 will be considered as longitudinally centered on each such runway. Each end of that primary surface must coincide with the corresponding end of that runway. (e) The standards in this subpart apply to construction or alteration proposals on an airport (including heliports and seaplane bases with marked lanes) if that a irport is one of the following before the issuance of the final determination: (1) Available for public use and is listed in the Airport/Facility Directory, Supplement Alaska, or Supplement Pacific of the U.S. Government Flight Information Publications; or Page 330 of 550 APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B–6 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (2) A planned or proposed airport or an airport under construction of which the FAA has received actual notice, except DOD airports, where there is a clear indication the airport will be available for public use; or, (3) An airport operated by a Federal agency or the DOD; or, (4) An airport that has at least one FAA-approved instrument approach. 77.17 Obstruction standards. (a) An existing object, including a mobile object, is, and a future object would be an obstruction to air navigation if it is of greater height than any of the following heights or surfaces: (1) A height of 499 feet AGL at the site of the object. (2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport, excluding heliports, with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet. (3) A height within a terminal obstacle clearance area, including an initial approach segment, a departure area, and a circling approach area, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance. (4) A height within an en route obstacle clearance area, including turn and termination areas, of a Federal Airway or approved off-airway route, that would increase the minimum obstacle clearance altitude. (5) The surface of a takeoff and landing area of an airport or any imaginary surface established under §77.19, 77.21, or 77.23. However, no part of the takeoff or landing area itself will be considered an obstruction. (b) Except for traverse ways on or near an airport with an operative ground traffic control service furnished by an airport traffic control tower or by the airport management and coordinated with the air traffic control service, the standards of paragraph (a) of this section apply to traverse ways used or to be used for the passage of mobile objects only after the heights of these traverse ways are increased by: (1) 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance. (2) 15 feet for any other public roadway. (3) 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road. (4) 23 feet for a railroad. (5) For a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it. Page 331 of 550 TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) B–7 77.19 Civil airport imaginary surfaces. The following civil airport imaginary surfaces are established with re lation to the airport and to each runway. The size of each such imaginary surface is based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of a runway are determined by the most precise approach procedure existing or planned for that runway end. (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by Swinging arcs of a specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is: (1) 5,000 feet for all runways designated as utility or visual; (2) 10,000 feet for all other runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface. (b) Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. (c) Primary surface. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is: (1) 250 feet for utility runways having only visual approaches. (2) 500 feet for utility runways having non-precision instrument approaches. (3) For other than utility runways, the width is: (i) 500 feet for visual runways having only visual approaches. (ii) 500 feet for non-precision instrument runways having visibility minimums greater than three-fourths statute mile. (iii) 1,000 feet for a non-precision instrument runway having a non-precision instrument approach with visibility minimums as low as three-fourths of a statute mile, and for precision instrument runways. (iv) The width of the primary surface of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of that runway. (d) Approach surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end. Page 332 of 550 APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B–8 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) (1) The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of: (i) 1,250 feet for that end of a utility runway with only visual approaches; (ii) 1,500 feet for that end of a runway other than a utility runway with only visual approaches; (iii) 2,000 feet for that end of a utility runway with a non-precision instrument approach; (iv) 3,500 feet for that end of a non-precision instrument runway other than utility, having visibility minimums greater that three-fourths of a statute mile; (v) 4,000 feet for that end of a non-precision instrument runway, other than utility, having a non-precision instrument approach with visibility minimums as low as three -fourths statute mile; and (vi) 16,000 feet for precision instrument runways. (2) The approach surface extends for a horizontal distance of: (i) 5,000 feet at a slope of 20 to 1 for all utility and visual runways; (ii) 10,000 feet at a slope of 34 to 1 for all non-precision instrument runways other than utility; and (iii) 10,000 feet at a slope of 50 to 1 with an additional 40,000 feet at a slope of 40 to 1 for all precision instrument runways. (3) The outer width of an approach surface to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end. (e) Transitional surface. These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline. 77.21 Department of Defense (DOD) airport imaginary surfaces. (a) Related to airport reference points. These surfaces apply to all military airports. For the purposes of this section, a military airport is any airport operated by the DOD. (1) Inner horizontal surface. A plane that is oval in shape at a height of 150 feet above the established airfield elevation. The plane is constructed by scribing an arc with a radius of 7,500 feet about the centerline at the end of each runway and interconnecting these arcs with tangents. (2) Conical surface. A surface extending from the periphery of the inner horizontal surface outward and upward at a slope of 20 to 1 for a horizontal distance of 7,000 feet to a height of 500 feet above the established airfield elevation. Page 333 of 550 TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) B–9 (3) Outer horizontal surface. A plane, located 500 feet above the established airfield elevation, extending outward from the outer periphery of the conical surface for a horizontal distance of 30,000 feet. (b) Related to runways. These surfaces apply to all military airports. (1) Primary surface. A surface located on the ground or water longitudinally centered on each runway with the same length as the runway. The width of the primary surface for runways is 2,000 feet. However, at established bases where substantial construction has taken place in accordance with a previous lateral clearance criteria, the 2,000-foot width may be reduced to the former criteria. (2) Clear zone surface. A surface located on the ground or water at each end of the primary surface, with a length of 1,000 feet and the same width as the primary surface. (3) Approach clearance surface. An inclined plane, symmetrical about the runway centerline extended, beginning 200 feet beyond each end of the primary surface at the centerline elevation of the runway end and extending for 50,000 feet. The slope of the approach clearance surface is 50 to 1 along the runway centerline extended until it reaches an elevation of 500 feet above the established airport elevation. It then continues horizontally at this elevation to a point 50,000 feet from the point of beginning. The width of this surface at the runway end is the same as the primary surface, it flares uniformly, and the width at 50,000 is 16,000 feet. (4) Transitional surfaces. These surfaces connect the primary surfaces, the first 200 feet of the clear zone surfaces, and the approach clearance surfaces to the inner horizontal surface, conical surface, outer horizontal surface or other transitional surfaces. The slope of the transi tional surface is 7 to 1 outward and upward at right angles to the runway centerline. 77.23 Heliport imaginary surfaces. (a) Primary surface. The area of the primary surface coincides in size and shape with the designated take-off and landing area. This surface is a horizontal plane at the elevation of the established heliport elevation. (b) Approach surface. The approach surface begins at each end of the heliport primary surface with the same width as the primary surface, and extends outward and upward for a horiz ontal distance of 4,000 feet where its width is 500 feet. The slope of the approach surface is 8 to 1 for civil heliports and 10 to 1 for military heliports. (c) Transitional surfaces. These surfaces extend outward and upward from the lateral boundaries of the primary surface and from the approach surfaces at a slope of 2 to 1 for a distance of 250 feet measured horizontally from the centerline of the primary and approach surfaces. Subpart D AERONAUTICAL STUDIES AND DETERMINATIONS Page 334 of 550 APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B–10 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 77.25 Applicability. (a) This subpart applies to any aeronautical study of a proposed construction or alteration for which notice to the FAA is required under §77.9. (b) The purpose of an aeronautical study is to determine whether the aeronautical effects of the specific proposal and, where appropriate, the cumulative impact resulting from the proposed construction or alteration when combined with the effects of other existing or proposed structures, would constitute a hazard to air navigation. (c) The obstruction standards in subpart C of this part are supplemented by other manuals and directives used in determining the effect on the navigable airspace of a proposed construction or alteration. When the FAA needs additional information, it may circulate a study to interested parties for comment. 77.27 Initiation of studies. The FAA will conduct an aeronautical study when: (a) Requested by the sponsor of any proposed construction or alteration for which a notice is submitted; or (b) The FAA determines a study is necessary. 77.29 Evaluating aeronautical effect. (a) The FAA conducts an aeronautical study to determine the impact of a proposed structure, an existing structure that has not yet been studied by the FAA, or an alteration of an existing structure on aeronautical operations, procedures, and the safety of flight. These studies include evaluating: (1) The impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules; (2) The impact on arrival, departure, and en route procedures for aircraft opera ting under instrument flight rules; (3) The impact on existing and planned public use airports; (4) Airport traffic capacity of existing public use airports and public use airport development plans received before the issuance of the final determination; (5) Minimum obstacle clearance altitudes, minimum instrument flight rules altitudes, approved or planned instrument approach procedures, and departure procedures; (6) The potential effect on ATC radar, direction finders, ATC tower line -of-sight visibility, and physical or electromagnetic effects on air navigation, communication facilities, and other surveillance systems; (7) The aeronautical effects resulting from the cumulative impact of a proposed construction or alteration of a structure when combined with the effects of other existing or proposed structures. (b) If you withdraw the proposed construction or alteration or revise it so that it is no longer identified as an obstruction, or if no further aeronautical study is necessary, the FAA may terminate the study. Page 335 of 550 TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) B–11 77.31 Determinations. (a) The FAA will issue a determination stating whether the proposed construction or alteration would be a hazard to air navigation, and will advise all known interested persons. (b) The FAA will make determinations based on the aeronautical study findings and will identify the following: (1) The effects on VFR/IFR aeronautical departure/arrival operations, air traffic procedures, minimum flight altitudes, and existing, planned, or proposed airports listed in §77.15(e) of which the FAA has received actual notice prior to issuance of a final determination. (2) The extent of the physical and/or electromagnetic effect on the operation of existing or proposed air navigation facilities, communication aids, or surveillance systems. (c) The FAA will issue a Determination of Hazard to Air Navigation when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard and would have a substantial aeronautical impact. (d) A Determination of No Hazard to Air Navigation will be issued when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard but would not have a substantial aeronautical impact to air navigation. A Determination of No Hazard to Air Navigation may include the following: (1) Conditional provisions of a determination. (2) Limitations necessary to minimize potential problems, such as the use of temporary construction equipment. (3) Supplemental notice requirements, when required. (4) Marking and lighting recommendations, as appropriate. (e) The FAA will issue a Determination of No Hazard to Air Navigation when a proposed structure does not exceed any of the obstruction standards and would not be a hazard to air navigation. 77.33 Effective period of determinations. (a) The effective date of a determination not subject to discretionary review under §77.37(b) is the date of issuance. The effective date of all other determinations for a proposed or existing structure is 40 days from the date of issuance, provided a valid petition for review has not been received by the FAA. If a valid petition for review is filed, the determination will not become final, pending disposition of the petition. (b) Unless extended, revised, or terminated, each Determination of No Hazard to Air Navigation issued under this subpart expires 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier. (c) A Determination of Hazard to Air Navigation has no expiration date. Page 336 of 550 APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B–12 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) 77.35 Extensions, terminations, revisions and corrections. (a) You may petition the FAA official that issued the Determination of No Hazard to Air Navigation to revise or reconsider the determination based on new facts or to extend the effective period of the determination, provided that: (1) Actual structural work of the proposed construction or alteration, such as the laying of a foundation, but not including excavation, has not been started; and (2) The petition is submitted at least 15 days before the expiration date of the Determination of No Hazard to Air Navigation. (b) A Determination of No Hazard to Air Navigation issued for those construction or alteration proposals not requiring an FCC construction permit may be extended by the FAA one time for a period not to exceed 18 months. (c) A Determination of No Hazard to Air Navigation issued for a proposal requiring an FCC construction permit may be granted extensions for up to 18 months, provided that: (1) You submit evidence that an application for a construction permit/license was filed with the FCC for the associated site within 6 months of issuance of the determination; and (2) You submit evidence that additional time is warranted because of FCC requirements; and (3) Where the FCC issues a construction permit, a final Determination of No Hazard to Air Navigation is effective until the date prescribed by the FCC for completion of the construction. If an extension of the original FCC completion date is needed, an extension of the FAA determination must be requested from the Obstruction Evaluation Service (OES). (4) If the Commission refuses to issue a construction permit, the final determination expires on the date of its refusal. Subpart E PETITIONS FOR DISCRETIONARY REVIEW 77.37 General. (a) If you are the sponsor, provided a substantive aeronautical comment on a proposal in an aeronautical study, or have a substantive aeronautical comment on the proposal but were not given an opportunity to state it, you may petition the FAA for a discretionary review of a determination, revision, or extension of a determination issued by the FAA. (b) You may not file a petition for discretionary review for a Determination of No Hazard that is issued for a temporary structure, marking and lighting recommendation, or when a proposed structure or alteration does not exceed obstruction standards contained in subpart C of this part. Page 337 of 550 TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) B–13 77.39 Contents of a petition. (a) You must file a petition for discretionary review in writing and it must be received by the FAA within 30 days after the issuance of a determination under §77.31, or a revision or extension of the determination under §77.35. (b) The petition must contain a full statement of the aeronautical basis on which the petition is made, and must include new information or facts not previously considered or presented during the aeronautical study, including valid aeronautical reasons why the determination, revisions, or extension made by the FAA should be reviewed. (c) In the event that the last day of the 30-day filing period falls on a weekend or a day the Federal government is closed, the last day of the filing period is the next day that the government is open. (d) The FAA will inform the petitioner or sponsor (if other than the petitioner) and the FCC (whenever an FCC-related proposal is involved) of the filing of the petition and that the determination is not final pending disposition of the petition. 77.41 Discretionary review results. (a) If discretionary review is granted, the FAA will inform the petitioner and the sponsor (if other than the petitioner) of the issues to be studied and reviewed. The review may include a request for comments and a review of all records from the initial aeronautical study. (b) If discretionary review is denied, the FAA will notify the petitioner and the sponsor (if other than the petitioner), and the FCC, whenever a FCC-related proposal is involved, of the basis for the denial along with a statement that the determination is final. (c) After concluding the discretionary review process, the FAA will revise, affirm, or reverse the determination. Page 338 of 550 APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B–14 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Figure B1 CFR Part 77 Imaginary Surfaces Page 339 of 550 TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) B–15 Figure B2 CFR Part 77 Notification FAA Form 7460-1 Page 340 of 550 APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B–16 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Figure B3 Online Submittal of Form 7460-1: Notice of Proposed Construction or Alteration Historically a paper form called a “7460-1” was required to be submitted to the FAA for any project proposed on airport property and certain projects near airports. Recently, the FAA has moved from paper forms to an on-line system of evaluating the effects of a proposed project on the national airspace system. ▪ The on-line system can be accessed at https://oeaaa.faa.gov. This new system allows project proponents to submit and track their proposal as it progresses through the FAA evaluation process. The purpose of this guidance is to supplement and clarify the FAA user guide for the 7460 website. ▪ available at: https://oeaaa.faa.gov/oeaaa/external/content/OEexternal_Guide_v3.1.pdf We recommend that the user first read the entire guide provided by the FAA, and then use this document to clarify some of the more complicated aspects of the online 7460 system. When a project must be submitted to the FAA CFR Title 14 Part 77.13 states that any person/organization who intends to sponsor any of the following construction or alterations must notify the Administrator of the FAA: ▪ Any construction or alteration exceeding 200 ft. above ground level ▪ Any construction or alteration:  within 20,000 ft. of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with at least one runway more than 3,200 ft.  within 10,000 ft. of a public use or military airport which exceeds a 50:1 surface from any point on the runway of each airport with its longest runway no more than 3,200 ft.  within 5,000 ft. of a public use heliport which exceeds a 25:1 surface ▪ Any highway, railroad or other traverse way whose prescribed adjusted height would exceed the above noted standards ▪ When requested by the FAA ▪ Any construction or alteration located on a public use airport or heliport regardless of height or location. Create an account Before accessing the features of the website, the user will be required to create a username and password to access the website. The FAA has been continuously improving the oe/aaa website to be more user friendly and increase the on-line functionality. The look and feel of the website may change in the future, but the majority of the content should remain as is. Page 341 of 550 TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) B–17 Once a user has created an account, they will be able to log in and will be directed to the OE/AAA Portal Page. This page displays a summary of any projects which have been entered into the website, categorized by off-airport and on-airport projects. Adding a Sponsor Before a user can enter project specific information, a project sponsor must be created. A sponsor is the person who is ultimately responsible for the construction or alteration. All FAA correspondence will be addressed to the sponsor. The sponsor could be the airport manager for projects proposed by the airport, or the developer proposing off airport construction. To create a sponsor contact, click “Add New Sponsor” on the “portal” page. From there the user can add sponsors for various projects. Page 342 of 550 APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B–18 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) When the user selects “Add New Sponsor”, they will be presented with the following screen: NOTE: The party submitting information through the FAA website DOES NOT have to be the same as the sponsor. Often, a consultant or other party under direction from the sponsor makes the submittal through the website Page 343 of 550 TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) B–19 Creating a New Submittal There are two options for creating a new 7460 submittal. Again on the left side, either click “Add New Case (off airport)” or “Add New Case (on airport)” There are some differences in the required fields for “on airport” vs. “off airport” but the differences are minor and self-explanatory. One tip: for off airport submittals there is a field for “requested marking/lighting”. If the user does not have a preference, select other from the pull down menu and in the “other field” state “no preference”. Page 344 of 550 APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B–20 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Accurate lat/long and site elevation is critical for an accurate airspace determination. It is recommended that survey quality data be obtained from a recent survey, a GPS unit, or worst case, scaled from a topo quad. Page 345 of 550 TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) B–21 ▪ The most common “notice of” is construction. Select from pull down menu. ▪ Latitude and longitude must be entered for the structure/construction activity. ▪ Most 7460 submittals will require multiple points with lat/long unless the 7460 is for a pole/tower/ or other single point object. Buildings and construction areas all require points indicating the extents of the building or area. More information is provided below on how to add additional points to a submittal. ▪ There is a field to describe the activity taking place. In some complex acti vities the field does not provide enough room for the required text. An additional explanatory letter can be attached. Additional information is provided in this section on how to add a letter or document to the submittal. ▪ Red asterisks indicate the required fields. ▪ Unless there has been a previous aeronautical study for this submittal leave the “prior study” fields blank. ▪ Only select “common frequency bands” if the proposed structure will transmit a signal. If the submittal is a building or construction area that is more than a single lat/long point the user must save the data first. Click save at the bottom of the page. This will bring up a summary screen of the case. To add more points click “clone” under the heading “actions”. The clone tool copies all the relevant information to a new page where an additional lat/long and elevation can be entered. However, the clone process does not number the various points of a proposed project. When entering the details for a point (see Image 5) it is helpful if the user assigns a number to the point and references the total number of points for the project (e.g. point 2 of 20). The numbering can be included in the project “description/remarks” field for each point. It should be noted that each individual point associated with a project (e.g. each corner of a building) is evaluated individually, thus the importance of including a numbering system (2 of 20) in the text/description box. Page 346 of 550 APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B–22 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Once done, click “save” again. Now the user will see two records under the “project summary” heading. Continue this process of cloning for all the remaining points. Once all the points have been entered, each point must be verified. There is a red X with the words “verify map” indicating the user has not verified the location. Click Verify Map, a popup will display the lat/long point on a topo map and the user must verify that it is in the correct location. After clicking “verify map” on the popup, the red X will become a blue checkmark. It seems to be more efficient to enter all of the points associated with a project and then return to verify each point on the map at one time. All on-airport project submittals must have a “project sketch” included. Under the “actions” column select “upload a PDF”. Once you have uploaded a sketch for all the points associated with the project the red X under “sketch” will turn to a green check mark. Off-airport projects do not require a “project sketch”, but the user can still upload one for informational purposes. If the user needs to add any other information such as an explanatory letter, clicking on “upload a PDF” will allow the user to upload more documents, although only one at a time. Keep in mind that if additional Page 347 of 550 TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) B–23 PDFs or information are being provided, like the project sketch it must be uploaded to every point associated with the project. Once the maps have been verified and sketches uploaded for all points associated with the case, the user will be able to submit the 7460 to the FAA for review. Status of Submitted Projects To check the status of a submittal, click on either “my cases (off airport)” or “my cases (on airport)” to see a list of what has been submitted. Each of the multiple points associated with one project will be listed as if they are separate, although still associated. The points will have a status: Project Status Definitions: Draft: Cases that have been saved by the user but have not been submitted to the FAA. Waiting: Cases that have not been submitted to the FAA and are waiting for an action from the user, either to verify the map or attach a sketch. Accepted: Cases that have been submitted to the FAA. Add Letter: Cases that have been reviewed by the FAA and require additional information from the user. Work in Progress: Cases that are being evaluated by the FAA. Determined: Cases that have a completed aeronautical study and an FAA determination. Terminated: Cases that are no longer valid. These definitions are also shown at the bottom of the summary screen. Page 348 of 550 APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B–24 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) This page left intentionally blank Page 349 of 550 A P P E N D I X C Airport Land Use Compatibility Concepts Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) C–1 O VERVIEW The land use compatibility concerns addressed by ALUCs can generally be grouped under four headings: noise, safety, airspace protection, and overflight. Table C1 briefly describes the nature of each of these compatibility concerns. The types of land use measures available to ALUCs for addressing these concerns are identified as well. The discussion that follows highlights some additional factors to be recognized when airport land use compatibility issues are examined. N OISE Measuring Noise Impacts The principal tool by which airports and surrounding communities can assess airport noise impacts is through calculation of Community Noise Equivalent Level (CNEL) contours. In making such assess- ments, however, the limitations of CNEL contours are essential to recognize. ▪ Averaging. CNEL contours represent a single day’s average of all of the aircraft noise events which take place at an airport over a year’s time. The contours are a composite of individual noise events and thus do not directly measure these events. However, because noise is measured on a logarithmic scale, the contours can be significantly affected by a few particularly loud events or aircraft types. Also, particularly annoying noise (such as high-pitch sounds or ones which create vibrations) are not explicitly taken into account. Consequently, other noise factors often must be considered in land use compatibility planning evaluations. ▪ Accuracy. Many assumptions go into the calculation of noise contours. This is particularly the case at general aviation airports. A 2-3 dB accuracy with regard to calculation of existing contours is considered good. For future contours, the added uncertainty of forecasting both activity levels and aircraft technology means that an accuracy of ±5 dB is as much as can realistically be expec ted. ▪ Scope. As normally depicted, cumulative noise level contours do not encompass the total area affected by aircraft noise around an airport. Use of noise contours to show marginally affected areas is, at best, imprecise because of the varied distribution of flight tracks and altitudes which occurs with increased distance from the runway ends. ▪ Relationship to Land Uses. Noise contours by themselves indicate nothing as to whether a given type of land use is compatible at a particular noise exposure. Basic compatibility guidelines have been established by both the federal and state governments, but adjustment of these criteria to reflect local community and airport conditions is still essential. This adjustment process is often referred to as normalization. Even after normalization has been applied, however, the comparative noise sensitivity of one person versus another still remains as a variable. Page 350 of 550 APPENDIX C AIRPORT LAND USE COMPATIBILITY CONCEPTS C–2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Noise Footprints of Individual Aircraft A different perspective on airport noise impacts can be obtained by examining sound level data for individual aircraft operations as opposed to the composite contours described above. Figure C2 shows a series of what are usually referred to as single -event levels or aircraft noise footprints. For each of the aircraft listed, these contours indicate the momentary, maximum sound levels experienced on the ground as the aircraft flies over while approaching and departing a runway. The 65 dBA sound level (the outermost contour) is significant in that this is the level at which interference with speech begins to be significant. Formatted in this way, the noise levels of various types of aircraft can readily be compared. The footprints dramatically illustrate, for example, why early business jets and other noisy aircraft (including fire attack aircraft) can have a major effect on the size of cumulative noise contours despite their relatively small number of annual operations. The footprints also show the relatively small noise impact of contemporary regional airline jets—about the same as an average, twin piston-engine airplane. S AFETY Assessing Aircraft Accident Risks Accident risks can generally be assessed in terms of two components: the frequency with which the accidents can be predicted to occur; and the potential severity of an accident when one occurs. Aircraft accidents near airports are events which happen infrequently, but, when they do, the consequences can be severe. To better appreciate the relationship between risks and safety compatibility planning for airport environs, further examination of these two components is useful. The frequency component of risk is itself comprised of two elements. One is the relative frequency with which accidents occur in any given location as compared to other locations. The second is the absolute frequency with which accidents take place in a given proximity to an airport runwa y over a specified period of time. Until recently, good data on the spatial or geographic distribution of near-airport, general aviation aircraft accidents was lacking. As discussed below, valuable information on this topic is now available. The temporal, or time, element of aircraft accident frequency remains a controversial subject. Accident probabilities as a function of time can be calculated using nationwide ratios of accidents to aircraft operations and then multiplying by the number of aircraft operations expected to take place at an individual airport over a specified period of time. For any particular parcel or small area, however, the resulting probability numbers are so low as to seem insignificant. The problem is that the numbers by themselves lack context. Sometimes, attempts are made to give them a sense of scale by making comparisons with the probability of an individual being struck by lightning or experiencing some other calamity. Even then, though, it is difficult to base land use policies on risk data comparing widely different types of events. A further aspect of the problem, especially with regard to aircraft accident risks, is that public perception is perhaps more important than statistics. While the reality is that accidents involving light, general aviation aircraft seldom cause major damage or deaths on the ground, public perception usually is that only “luck” prevented any particular event from being a major catastrophe. Accidents involving larger aircraft— Page 351 of 550 AIRPORT LAND USE COMPATIBILITY CONCEPTS APPENDIX C Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) C–3 business jets and airline aircraft—are more likely to have significant consequences to land uses, but there are fewer such aircraft flying at most airports and, on a national basis, the accident frequency is lower than for small planes. Also important—especially when considering the fundamental role of ALUCs to protect airports—is that, when an aircraft accident happens near an airport, public response is usually in favor of restricting the airport usage, not the surrounding land uses. Ultimately, this issue boils down to the question of: what is acceptable risk? The answer to this question is something which individual communities must each decide. In urban locations, people generally accept a somewhat higher level of risk than they might in rural areas, just as they accept a higher level of ambient noise. It is simply one of the disadvantages of urban living which go hand in hand with the advantages. Safety is relative, not absolute. Aircraft Accident Locations The number of off-airport aircraft accidents at any particular airport is too small to provide a meaningful indication of where accidents may occur near that airport in the future. To better assess the geographic distribution of aircraft accident risks near an airport, a larger database is necessary. A database of this type was initially developed for the 1993 Airport Land Use Planning Handbook published by the California Department of Transportation Aeronautics Program. The database was expanded in 1999, re-verified in 2011, and now contains information on some 873 general aviation aircraft accidents (445 arrival accidents and 428 departure accidents) which occurred within 5 miles of an airport, but not on the runway. (This data includes accidents at airports nationwide over roughly a 10-year period. However, because precise location data is not available for most accidents, the database represents only a fraction of the total number of off-airport accidents that took place during this time span.) The charts in Figures C2 and C3 depict the relative geographic intensity of general aviation aircraft accident risks for arrival and departure accidents, respectively. Each dot represents the location of an aircraft accident site mapped with respect to the approach or departure runway which the ai rcraft was intending to use for landing or had used on takeoff. The 20% contour represents the highest or most concentrated risk intensity, the 40% contour represents the next highest risk intensity, etc. Each contour interval is drawn so as to encompass 20% of the dots within the most compact area. The charts reveal several facts: ▪ About half of arrival accidents and a third of departure accidents take place within the FAA -defined runway protection zone for a runway with a low-visibility instrument approach procedure (a 2,500- foot long trapezoid, varying from 1,000 feet to 1,750 feet in total width). This fact lends validity to the importance of the runway protection zones as an area within which land use activities should be minimal. ▪ Although the runway protection zones represent the locations within which risk levels are highest, a significant degree of risk exists well beyond the runway protection zone boundaries. Among all near- airport (within 5 miles) accidents, over 80% are concentrated within 1.5 to 2 miles of a runway end. ▪ Arrival accidents tend to be concentrated relatively close to the extended runway centerline. Some 80% occur within a strip extending 10,000 feet from the runway landing threshold and 2,000 feet to each side of the runway centerline. ▪ Departure accidents are comparatively more dispersed laterally from the runway centerline, but are concentrated closer to the runway end. Many departure accidents also occur lateral to the runway Page 352 of 550 APPENDIX C AIRPORT LAND USE COMPATIBILITY CONCEPTS C–4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) itself, particularly when the runway is long. Approximately 80% of the departure accident sites lie within an area 2,500 from the runway centerline and 6,000 feet beyond the runway end or adjacent to the runway. This data does not address the other major components of aircraft accident risk: the potential conse- quences of accidents when they occur and the frequency with which they occur. The intent is merely to illustrate the relative intensity of the risks on a geographic scale. Furthermore, as with noise contours, risk data by itself does not answer the question of what degree of land use restrictions should be established in response to the risks. Although most ALUCs have policies which restrict certain land use activities in locations beyond the runway protection zones, the size of the area in which restrictions are established and the specific restrictions applied vary from one county to another. A IRSPACE Protection The Federal Aviation Administration establishes the criteria which determines the airspace essential to the safe flight of aircraft to, from, and around airports. There are two separate sets of criteria, each with a different purpose. Criteria used to protect the airspace around airports from tall structures which could pose hazards to flight are established in Title 14 Part 77 of the Code of Federal Regulations (14CFR77). The regulations, though, do not give the FAA direct authority to limit the height of structures. This authority rests with state and local governments. Rather, Part 77 serves primarily as a notification device. Before a structure which would exceed the Part 77 surfaces is built, notification must be submitted to the FAA. The FAA then conducts an aeronautical study to determine whether the object would or would not be a hazard to air navigation. The FAA also may indicate that an obstruction should be marked and/or lighted. The FAA’s direct authority with regard to airport airspace is to define instrument approach proce dures. The criteria used for this purpose are outlined in the United States Standard for Terminal Instrument Procedures (TERPS). Unlike 14CFR77 which sets desirable limits on the height of structures, TERPS takes these objects as a given and then uses that information in the procedure design. If a new structure is built which penetrates one of the TERPS surfaces for an existing procedure, the procedure must be redesigned with higher approach minimums or perhaps eliminated altogether. In general, 14CFR77 surfaces for a particular airport are lower than those defined by TERPS. 14CFR77, however, does not specifically take into account turns in approaches or, more significantly, in missed approaches. Thus, it is possible for a structure to be built to a height which does not exceed the 14CFR77 limits, but still adversely affects an existing instrument approach procedure. Also to be considered is that a structure which does not adversely affect an existing procedure could be the critical obstacle for a future, not yet designed, procedure. For airports that have existing or planned instrument approach procedures, a review of TERPS surfaces can be an important land use compatibility component. Page 353 of 550 AIRPORT LAND USE COMPATIBILITY CONCEPTS APPENDIX C Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) C–5 O VERFLIGHT Assessing Overflight Annoyance A general definition of overflight impacts is that they are noise-related impacts affecting locations outside the typical contours described by cumulative noise level metrics. Compared to the measured noise impacts, overflight impacts are more subtle and subjective. Also, they seem to include elements of both noise and safety concerns. Often the impacts are revealed in the form of annoyance expressed by some people living near an airport. Although overflight noise is detectible and therefore measurable, the highly subjective individual reactions to overflights makes the value of measurement on a decibel scale questionable. A more representative measure of overflight impacts is the absolute number of intrusive events which occur, but there is no agreed-upon, scientific standard for what an acceptable number might be. For the purposes of airport land use compatibility planning, a simpler form of assessment may be more practical. This approach presumes that aircraft overflight impacts are potentially a concern anywhere along the standard aircraft traffic pattern flight tracks for an airport. Annoyance concerns can also be expected, but to lesser degrees, elsewhere in the airport vicinity where aircraft fly at or below traffic pattern altitude while approaching or departing the runway. Whether a significant degree of overflight annoyance will actually occur in the vicinity of an airport is influenced by a variety of factors, both environmental and human. Building type and design, ambient noise levels, the characteristics and predictability of the noise itself, and (as noted above) the frequency of occurrence are among the environmental factors involved. An individual’s sense of annoyance at overflights depends upon such factors as characteristics of the land use activity being disrupted, personal sensitivity to noise, attitudes toward aviation, and experience and expectations regarding noise levels in the community. Buyer Awareness Measures As indicated in Table C1, the basic means available to ALUCs for addressing overflight issues is through buyer awareness measures. Buyer awareness programs recognize the subjective nature of annoyance. The concept is that the likelihood of people being annoyed by airport activity can be reduced if they are made aware of the airport’s proximity and the nature and location of aircraft overflights before moving into the airport area. Buyer awareness is really an umbrella term for three separate types of measures all having the objective of ensuring that prospective buyers of property in the vicinity of an airport are informed about the airport’s impacts on the property. Although variations are sometimes created, the three basic types of buyer awareness measures are: ▪ Avigation Easement Dedication. A requirement for avigation easement dedication is usually applied only to new development. It is the most comprehensive and stringent form of buyer awareness measures. Although the rights associated with most avigation easements are established in other forms (e.g., local, airport-vicinity, height-limit zoning ordinances, and Federal Aviation Regulations), an avigation easement clearly conveys these rights to the airport owner. Page 354 of 550 APPENDIX C AIRPORT LAND USE COMPATIBILITY CONCEPTS C–6 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) ▪ Recorded Overflight Notification. Recorded overflight notification is a type of deed notice. It is similar to an avigation easement in that it is recorded with the deed to a property and is usually implemented only in conjunction with some form of development approval process. Unlike an easement, though, it does not convey any property rights. Deed notices serve only to formalize the fact that a property is subject to aircraft overflights and noise. ▪ Real Estate Disclosure. Real estate disclosure is the least formal method of implementing a buyer awareness program. It relies upon standard real estate disclosure laws and practices to ensure that prospective buyers of property in the airport vicinity are informed about the proximity of a nearby airport and the impacts it creates. The likelihood of this information being disclosed can be increased if the airport or the local land use jurisdiction provide official notification to local real estate brokers and title companies. Page 355 of 550 A IRPORT L AND USE COMPATIBILITY CONCEPTS APPENDIX C Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) C–7 Table C1 Airport Land Use Compatibility Concepts NOISE Nature of Compatibility Concerns ▪ Disruption of human activities (such as conversation, television watching, and sleep) by loud aircraft noise. Land Use Measures Available for Addressing the Concerns ▪ Avoid land uses involving activities, particularly outdoor activities, which are sensitive to disruption by noise (and encourage uses which are themselves inherently noisy). ▪ Design buildings so as to reduce the intrusion of noise from outside (by, for example, minimizing the number of exterior windows or installing sound insulation). ▪ Construct sound barriers to reduce impact of engine run- ups and other ground-based aircraft noise. SAFETY Nature of Compatibility Concerns ▪ Risks to people and property on the ground in the event of an aircraft accident. ▪ Land use characteristics which may affect the survivabil- ity of an accident for occupants of an aircraft. Land Use Measures Available for Addressing the Concerns ▪ Minimize the number of people occupying areas where accidents are most likely to occur. ▪ Avoid structures for which evacuation is difficult (multi - story buildings in particular). ▪ Avoid uses for which evacuation of occupants is difficult (for example, hospitals and children s schools). ▪ Design structures to reduce potential for small aircraft to penetrate the building in the event of a crash. ▪ Provide open areas in the airport vicinity where small aircraft can make a survivable emergency landing if necessary. AIRSPACE PROTECTION Nature of Compatibility Concerns ▪ Tall structures creating hazards to navigable airspace around airports. ▪ Visual hazards to flight (sources of smoke, glare, or lights which can be confused with airport lights). ▪ Electronic hazards to flight (interference with radio communication or navigation signals). ▪ Uses which can attract birds which aircraft might strike while in flight. Land Use Measures Available for Addressing the Concerns ▪ Limit the heights of buildings, antennas, trees and other tall objects in critical areas near airports. ▪ Avoid uses and facility designs which can create visual or electronic hazards to flight. ▪ Avoid uses (such as landfills) which attract birds close to airports. OVERFLIGHT Nature of Compatibility Concerns ▪ Human annoyance with frequent overflight of aircraft. Land Use Measures Available for Addressing the Concerns ▪ Establish policies intended to inform prospective buyers of homes and other property in the airport vicinity that the neighborhood is subject to aircraft overflights and noise. Types of buyer awareness measures include: ▫ Avigation easement dedication (as a condition for approval of a proposed new development). ▫ Recorded overflight notification (recorded as part of the approval of a proposed new development). ▫ Real estate disclosure (a recommendation to be im- plemented by real estate agents and sellers of prop - erty located within the airport influence area). Page 356 of 550 APPENDIX C AIRPORT LAND USE COMPATIBILITY CONCEPTS C–8 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Figure C1 Noise Footprints of Selected Aircraft Page 357 of 550 AIRPORT LAND USE COMPATIBILITY CONCEPTS APPENDIX C Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) C–9 Figure C2 General Aviation Accident Distribution Contours All Arrivals Page 358 of 550 APPENDIX C AIRPORT LAND USE COMPATIBILITY CONCEPTS C–10 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Figure C3 General Aviation Accident Distribution Contours All Departures Page 359 of 550 A P P E N D I X D Methods for Determining Concentrations of People Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) D–1 I NTRODUCTION The underlying safety compatibility criterion employed in this UKIALUCP is “usage intensity”—the maximum number of people per acre that can be present in a given area at any one time. If a proposed use exceeds the maximum intensity, it is considered incompatible and thus inconsistent with compatibility planning policies. The usage intensity concept is identified in the California Airport Land Use Planning Hand- book as the measure best suited for assessment of land use safety compatibility with airports. The Hand- book is published by the California Department of Transportation, Division of Aeronautics is required under state law to be used as a guide in preparation of airport land use compatibility plans. C OUNTING P EOPLE The most difficult part about calculating a use’s intensity is estimating the number of people expected to use a particular facility under normal circumstances. All people—not just employees, but also customers and visitors—who may be on the property at a single point in time, whether indoors or outside, must be counted. The only exceptions are for rare special events, such as an air show at an airport or golf tourna- ment, for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate. Ideally, the actual number of people for which the facility is designed would be known. For example, the number of seats in a proposed movie theater can be determined with high accuracy once the theater size is decided. Other buildings, though, may be built as a shell and the eventual number of occupants not known until a specific tenant is found. Furthermore, even then, the number of occupants can change in the future as tenants change. Even greater uncertainty is involved with relatively open uses not having fixed seating—retail stores or sports parks, for example. Absent clearly measurable occupancy numbers, other sources must be relied upon to estimate the number of people in a proposed development. Survey of Similar Uses A survey of similar uses already in existence is one option. Gathering data in this manner can be time- consuming and costly, however. Also, unless the survey sample is sufficiently large and conducted at various times, inconsistent numbers may result. Except for uncommon uses for which occupancy levels cannot be estimated through other means, surveys are most appropriate as supplemental information. Maximum Occupancy A second option for estimating the number of people who will be on a site is to rely upon data indicating the maximum occupancy of a building measured in terms of Occupancy Load Factor —the number of square feet per occupant. The number of people on the site, assuming limited outdoor or peripheral uses, can be calculated by dividing the total floor area of a proposed use by the Occupancy Load Factor. The Page 360 of 550 APPENDIX D METHODS OF DETERMINING CONCENTRATIONS OF PEOPLE D–2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) challenge of this methodology lies in establishing realistic figures for square feet per occupant. The num- ber varies greatly from one use to another and, for some uses, has changed over time as well. A commonly used source of maximum occupancy data is the standards set in the California Building Code (CBC). The chart reproduced as Table C1 indicates the Occupancy Load Factors for various types of uses. The CBC, though, is intended primarily for purposes of structural design and fire safety and represents a legal maximum occupancy in most jurisdictions. A CBC -based methodology consequently results in occupancy numbers that are higher than normal maximum usage in most instances. The num- bers also are based upon usable floor area and do not take into account corridors, stairs, building equip- ment rooms, and other functions that are part of a building’s gross square footage. Surveys of actual Occupancy Load Factors conducted by various agencies have indicated that many retail and office uses are generally occupied at no more than 50% of their maximum occupancy levels, even at the busiest times of day. Therefore, the Handbook indicates that the number of people calculated for office and retail uses can usually be divided in half to reflect the actual occupancy levels before making the final people -per- acre determination. Even with this adjustment, the CBC-based methodology typically produces intensities at the high end of the likely range. Another source of data on square footage per occupant comes from the facility management industry. The data is used to help businesses determine how much buildin g space they need to build or lease and thus tends to be more generous than the CBC standards. The numbers vary not only by the type of facility, as with the CBC, but also by type of industry. The following are selected examples of square footage per employee gathered from a variety of sources. Land Use Category Square Feet per Employee Call centers 150 – 175 Typical offices 180 – 250 Law, finance, real estate offices 300 – 325 Research & development, light industry 300 – 500 Health services 500 The numbers above do not take into account the customers who may also be present for certain uses. For retail business, dining establishments, theaters, and other uses where customers outnumber employ- ees, either direct measures of occupancy—the number of seats, for example—or other methodologies must be used to estimate the potential number of people on the site. Parking Space Requirements For many jurisdictions and a wide variety of uses, the number of people present on a site can be calculated based upon the number of automobile parking spaces that are required. Certain limitations and assump- tions must be considered when applying this methodology, however. An obvious limitation is that parking space requirements can be correlated with occupancy numbers only where nearly all users arrive by pri- vate vehicle rather than by public transportation, walking, or other method. Secondly, the jurisdiction needs to have a well-defined parking ordinance that lists parking space requirements for a wide range of land uses. For most uses, these requirements are typically stated in terms of the number of parking spaces Page 361 of 550 METHODS OF DETERMINING CONCENTRATIONS OF PEOPLE APPENDIX D Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) D–3 that must be provided per 1,000 square feet of gross building size or a similar ratio. Lastly, assumptions must be made with regard to the average number of people who will arrive in each car. Both of the critical ratios associated with this methodology—parking spaces to building size and occu- pants to vehicles—vary from one jurisdiction to another even for the same types of uses. Research of local ordinances and other sources, though, indicates that the following ratios are typical. ▪ Parking Space Ratios—These examples of required parking space requirements are typical of those found in ordinances adopted by urban and suburban jurisdictions. The numbers are ratios of spaces required per 1,000 square feet of gross floor area. Gross floor area is normally measured to the outside surfaces of a building and includes all floor levels as well as stairways, elevators, storage, and mechan- ical rooms Land Use Category Parking Space per 1,000 Square Feet Small Restaurants 10.0 Medical Offices 4.0 – 5.7 Shopping Centers 4.0 – 5.0 Health Clubs 3.3 – 5.0 Business Professional Offices 3.3 – 4.0 Retail Stores 3.0 – 3.5 Research & Development 2.5 – 4.0 Manufacturing 2.0 – 2.5 Furniture, Building Supply Stores 0.7 – 1.0 ▪ Vehicle Occupancy—Data indicating the average number of people occupying each vehicle parking at a particular business or other land use can be found in various transportation surveys. T he numbers vary both from one community or region to another and over time, thus current local data is best if available. The following data represent typical vehicle occupancy for different trip purposes. Vehicle Trip Purpose Vehicle Occupancy (People per Vehicle) Work 1.05 – 1.2 Education 1.2 – 2.0 Medical 1.5 – 1.7 Shopping 1.5 – 1.8 Dining, Social, Recreational 1.7 – 2.3 Page 362 of 550 APPENDIX D METHODS OF DETERMINING CONCENTRATIONS OF PEOPLE D–4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) U SAGE I NTENSITY R ELATIONSHIP TO O THER D EVELOPMENT M EASURES Calculating Usage Intensities Once the number of people expected in a particular development—both over the entire site and within individual buildings—has been estimated, the usage intensity can be calculated. The criteria in this UKIALUCP are measured in terms of the average intensity over the entire project site. The average intensity is calculated by dividing the total number of people on the site by the site size. A 10-acre site expected to be occupied by as many as 1,000 people at a time, thus would have an average intensity of 100 people per acre. The site size equals the total size of the parcel or parcels to be developed. Having calculated the usage intensities of a proposed development, a comparison can be made with the criteria set forth in the UKIALUCP to determine whether the proposal is consistent or inconsistent with the policies. Table D2 shows sample calculations. Comparison with Parking Space Requirements As discussed above, many jurisdictions have adopted parking space requirements that vary from one land use type to another. Factoring in an estimated vehicle occupancy rate for various land uses as described earlier, the Occupancy Load Factor can be calculated. For example, a typical parking space requirement for office uses is 4.0 spaces per 1,000 square feet or 1 space per 250 square feet. If each vehicle is assumed to be occupied by 1.1 persons, the equivalent Occupancy Load Factor would be 1 person per 227 square feet. This number falls squarely within the range noted above that was found through separate research of norms used by the facility management industry. As an added note, the Occupancy Load Factor of 215 square feet per person for office uses indicated in Table 3A, Basic Compatibility Criteria, is slightly more conservative than the above calculation produces. This means that, for a given usage intensity standard, the FAR limit in Table 3A is slightly more restrictive than would result from a higher Occupancy Load Factor. Comparison with Floor Area Ratio Usage intensity or “people per acre” used in compatibility planning is not a common metric in other facets of land use planning. Floor area ratio or FAR —the gross square footage of the buildings on a site divided by the site size—is a more common measure in land use planning. Some counties and cities adopt explicit FAR limits in their zoning ordinance or other policies. Those that do not set FAR limits often have other requirements such as, a maximum number of floors a building can have, minimum setback distances from the property line, and minimum number of parking spaces. These requirements effectively limit the floor area ratio as well. From a safety compatibility standpoint, a major shortcoming of FAR is that it does not directly correlate with risks to people because different types of buildings with the same FAR can have vastly different numbers of people inside—a low-intensity warehouse versus a high-intensity restaurant, for example. For FAR to be applied as a factor in setting development limitations, assumptions must be made as to how much space each person (employees and others) in the building will occupy. Table 3A, which provides compatibility evaluations for specific types of land uses, utilizes the more common measure of floor area ratio (FAR) as a means of implementing the usage intensity criteria on Page 363 of 550 METHODS OF DETERMINING CONCENTRATIONS OF PEOPLE APPENDIX D Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) D–5 the local level. Table 3A indicates the assumed Occupancy Load Factor for various land uses. Mathe- matically, the relationship between usage intensity and FAR is: FAR = (allowable usage intensity) x (Occupancy Load Factor) 43,560 where usage intensity is measured in terms of people per acre and Occupancy Load Factor as square feet per person. For single-use projects (e.g., industrial facility), a project may be tested for compliance by directly com- paring the proposed floor area ratio of the project with the maximum floor area ratio limit indicated for the land use category and compatibility zone. If the proposed floor area ratio exceeds the floor area ratio limit, the project is incompatible unless modified to ensure compliance with the intensity criteria. For projects involving multiple nonresidential land use categories (e.g., office and retail), each component use must be assigned a share of the overall project site. Typically, this share is assumed to be the same as the component use’s share of the total project floor area. Then, each component floor area ratio is com- pared with the maximum floor area ratio limit indicated for the land use category and compatibility zone. Page 364 of 550 APPENDIX D METHODS OF DETERMINING CONCENTRATIONS OF PEOPLE D–6 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Table D1 Occupant Load Factors California Building Code Page 365 of 550 METHODS OF DETERMINING CONCENTRATIONS OF PEOPLE APPENDIX D Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) D–7 Table D2 Sample People-Per-Acre Calculations Example 1 Proposed Development: Two office buildings, each two stories and containing 20,000 square feet of floor area per building. Site size is 3.0 net acres. Counting a portion of the adjacent road, the gross area of the site is 3.5± acres. A. Calculation Based on Parking Space Requirements For office uses, assume that a county or city parking ordinance requires 1 parking space for every 300 square feet of floor area. Data from traffic studies or other sources can be used to estimate the average vehicle occupancy. For the purposes of this example, the typical vehicle occupancy is as- sumed to equal 1.5 people per vehicle. The average usage intensity would therefore be calculated as follows: 1) 40,000 sq. ft. floor area x 1.0 parking space per 300 sq. ft. = 134 required parking spaces 2) 134 parking spaces x 1.5 people per space = 201 people maximum on site 3) 201 people  3.5 acres gross site size = 57 people per acre average for the site B. Calculation Based on Uniform Building Code Using the UBC (Table D1) as the basis for estimating building occupancy yields the following results for the above example: 1) 40,000 sq. ft. bldg.  100 sq. ft./occupant = 400 people max. bldg. occu pancy (under UBC) 2) 400 max. bldg. occupancy x 50% adjustment = 200 people maximum on site 3) 200 people  3.5 acres gross site size = 57 people per acre average for the site C. Calculation of Single Acre Intensity Assuming that occupancy of each building is relatively equal throughout, but that there is some sepa - ration between the buildings and outdoor uses are minimal, the usage intensity for a single acre would be estimated to be: 1) 20,000 sq. ft. bldg.  2 stories = 10,000 sq. ft. bldg. footprint 2) 10,000 sq. ft. bldg. footprint  43,560 sq. ft. per acre = 0.23 acre bldg. footprint 3) Building footprint < 1.0 acre; therefore maximum people in 1 acre = bldg. occupancy = 100 people per single acre (i.e., 200 people max. on site  2 bldgs.) Conclusions: In this instance, both methodologies yield the same results. For different uses and/or dif- ferent assumptions, the two methodologies are likely to produce different numbers. In most such cases, the UBC methodology will indicate a higher intensity. The 57 people per average acre and the 100 people per single acre results must be compared with the intensity limits provided in the Basic Compatibility Cri- teria table in this UKIALUCP. Page 366 of 550 APPENDIX D METHODS OF DETERMINING CONCENTRATIONS OF PEOPLE D–8 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Table D2, Continued Example 2 Proposed Development: Single-floor furniture store containing 24,000 square feet of floor area on a site of 2.0 gross acres and the net acreage (less internal roadways) is 1.7 acres. A. Calculation Based on Parking Space Requirements For furniture stores, assume that a county or city parking ordinance requires 1 parking space per 1,500 square feet of use area. Assuming 1.5 people per automobile results in the following intensity estimates: The average usage intensity would be: 1) 24,000 sq. ft. bldg. x 1.0 parking space per 1,500 sq. ft. = 16 required parking spaces 2) 16 parking spaces x 1.5 people per space = 24 people maximum on site 3) 24 people  2.0 acres gross site size = 12 people per acre average for the site B. Calculation Based on Uniform Building Code For the purposes of the UBC-based methodology, the furniture store is assumed to consist of 50% retail sales floor (at 30 square feet per occupant) and 50% warehouse (at 500 square feet per occu- pant). Usage intensities would therefore be estimated as follows: 1) 12,000 sq. ft. retail floor area  30 sq. ft./occupant = 400 people max. occupancy in retail area 2) 12,000 sq. ft. warehouse floor area  500 sq. ft./occupant = 24 people max. occupancy in warehouse area 3) Maximum occupancy under UBC assumptions = 400 + 24 = 424 people 4) Assuming typical peak occupancy is 50% of UBC numbers = 212 people maximum on site 5) 212 people  2.0 acres = 106 people per acre average for the site C. Calculation for Single Acre Intensity With respect to the single-acre intensity criteria, the entire building occupancy would again be within less than 1.0 acre, thus yielding the same intensity of 24 or 212 people per single acre. Again, assuming a relatively balanced occupancy throughout the building and that outdoor uses are minimal, the usage intensity for a single acre would be estimated to be: 1) 24,000 sq. ft. bldg. footprint  43,560 sq. ft. per acre = 0.55 acre bldg. footprint 3) Building footprint < 1.0 acre; therefore, maximum people in 1 acre = bldg. occupancy = 24 or 212 people per single acre under parking space or UBC methodology, respectively Conclusions: In this instance, the two methods produce very different resul ts. The occupancy estimate of 30 square feet per person is undoubtedly low for a furniture store even after the 50% adjustment. On the other hand, the 12 people-per-acre estimate using the parking requirement methodology appears low, but is probably closer to being realistic. Unless better data is available from surveys of similar uses, this proposal should reasonably be considered compatible within most compatibility zones, except Zone A and possibly Zone B1. Page 367 of 550 A P P E N D I X E Project Referral Form Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) E–1 APPLICATION FOR MAJOR LAND USE ACTION REVIEW MENDOCINO COUNTY AIRPORT LAND USE COMMISSION UKIAH MUNICIPAL AIRPORT ALUC Identification No. PROJECT PROPONENT (TO BE COMPLETED BY APPLICANT) Date of Application Property Owner Phone Number Mailing Address Agent (if any) Phone Number Mailing Address PROJECT LOCATION (TO BE COMPLETED BY APPLICANT) Attach an accurately scaled map showing the relationship of the project site to the airport boundary and runways Street Address Assessor’s Parcel No. Parcel Size Subdivision Name Zoning Classification Lot Number PROJECT DESCRIPTION (TO BE COMPLETED BY APPLICANT) If applicable, attach a detailed site plan showing ground elevations, the location of structures, open spaces and water bodies, and the heights of structures and trees; include additional project description data as needed Existing Land Use (describe) Proposed Land Use (describe) For Residential Uses Number of Parcels or Units on Site (include secondary units) For Other Land Uses Hours of Use Number of People Maximum Number On Site… Method of Calculation Height Data Height above Ground or Tallest Object (including antennas and trees) ft. Highest Elevation (above sea level) of Any Object or Terrain on Site ft. Flight Hazards Does the project involve any characteristics which could create electrical  Yes Interference, confusing lights, glare, smoke, or other electrical or visual  No hazards to aircraft flight? If yes, describe Page 368 of 550 APPENDIX E REFERRAL FORM E–2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) REFERRING AGENCY (TO BE COMPLETED BY AGENCY STAFF) Date Received Type of Project Agency Name  General Plan Amendment  Zoning Amendment or Variance Staff Contact  Subdivision Approval Phone Number  Use Permit Agency’s Project No.  Public Facility  Other ALUC SECRETARY’S REVIEW (TO BE COMPLETED BY ALUC SECRETARY) Application Date Received By Receipt Is Application Complete?  Yes  No If no, cite reasons Primary Compatibility Zone(s)  1  2  3  4 Criteria Compatibility Zone(s)  5  6  Other Airport Environs Review Allowable (not prohibited) Use?  Yes  No Density/Intensity Acceptable?  Yes  No Open Land Requirement Met?  Yes  No Height Acceptable?  Yes  No Easement/Deed Notice Provided?  Yes  No Special Conditions Describe: Supplemental Noise Criteria Review Safety Airspace Protection Overflight ACTIONS TAKEN (TO BE COMPLETED BY ALUC SECRETARY) ALUC Secretary’s  Approve Date Action  Refer to ALUC ALUC  Consistent Date Action  Consistent with Conditions (list conditions/attach additional pages if needed)  Inconsistent (list reasons/attach additional pages if needed) Page 369 of 550 A P P E N D I X F General Plan Consistency Checklist Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) F–1 Compatibility planning issues can be reflected in a general plan in any, or a combination, of several ways: ▪ Incorporate Policies into Existing General Plan Elements. One method of achieving the nec- essary planning consistency is to modify existing general plan elements. For example, airport land use noise policies could be inserted into the noise element, safety policies could be placed into a safety element and the primary compatibility criteria and associated maps plus the procedural policies might fit into the land use element. With this approach, direct conflicts would be eliminated and the majority of the mechanisms and procedures to ensure compliance with compatibility criteria could be fully incorporated into a local jurisdiction’s general plan. ▪ Adopt a General Plan Airport Element. Another approach is to prepare a separate airport element of the general plan. Such a format may be advantageous when a community’s general plan also needs to address on-airport development and operational issues. Modification of other plan elements to provide cross referencing and eliminate conflicts would still be necessary. ▪ Adopt ALUCP as Stand-Alone Document. Jurisdictions selecting this option would simply adopt as a local policy document the relevant portions of the ALUCP. Changes to the community’s existing general plan would be minimal. Policy reference to the separate ALUCP document would need to be added and any direct land use or other conflicts with compatibility planning criteria would have to be removed. Limited discussion of compatibility planning issues could be included in the general plan, but the substance of most compatibility policies would appear only in the stand-alone document. ▪ Adopt Airport Combining District or Overlay Zoning Ordinance. This approach is similar to the stand-alone document except that the local jurisdiction would not explicitly adopt the ALUCP as policy. Instead, the compatibility policies would be restructured as an airport combining or overlay zoning ordinance. A combining zone serves as an overlay of standard community-wide land use zones and modifies or limits the uses permitted by the underlying zone. Flood hazard combining zoning is a common example. An airport combining zone ordinance can serve as a convenient means of bringing various airport compatibility criteria into one place. The airport-related height-limit zoning that many jurisdictions have adopted as a means of protecting airport airspace is a form of combining district zoning. Noise and safety compatibility criteria, together with procedural policies, would need to be added to create a complete airport compatibility zoning ordinance. Other than where direct conflicts need to be eliminated from the local plans, implementation of the compatibility policies would be accomplished solely through the zoning ordinance. Policy reference to airport compatibility in the general plan could be as simple as mentioning support for the airport land use commission and stating that policy implementation is by means of the combining zone. Page 370 of 550 APPENDIX F GENERAL PLAN CONSISTENCY CHECKLIST F–2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) This checklist is intended to assist counties and cities with modifications necessary to make their local general plans and other local policies consistent with the ALUC’s compatibility plan. It is also designed to facilitate ALUC reviews of these local plans and policies. COMPATIBILITY CRITERIA General Plan Document The following items typically appear directly in a general plan document. Amendment of the general plan will be re- quired if there are any conflicts with the compatibility plan. ▪ Land Use Map. No direct conflicts should exist between proposed new land uses indicated on a general plan land use map and the ALUC land use compatibility criteria.  Residential densities (dwelling units per acre) should not exceed the set limits. Differences between gross and net densities and the potential for secondary dwellings on single parcels (see below) may need to be taken into account.  Proposed nonresidential development needs to be assessed with respect to applicable intensity limits (see below).  No new land uses of a type listed as specifically pro- hibited should be shown within affected areas. ▪ Noise Element. General plan noise elements typically include criteria indicating the maximum noise exposure for which residential development is normally acceptable. This limit must be made consistent with the equivalent compatibility plan criteria. Note, however, that a general plan may establish a different limit with respect to avia- tion-related noise than for noise from other sources (this may be appropriate in that aviation-related noise is some- times judged to be more objectionable than other types of equally loud noises). Zoning or Other Policy Documents The following items need to be reflected either in the gen- eral plan or in a separate policy document such as a com- bining zone ordinance. If a separate policy document is adopted, modification of the general plan to achieve con- sistency with the compatibility plan may not be required. Modifications would normally be needed only to eliminate any conflicting language which may be present and to make reference to the separate policy document. ▪ Accessory Dwellings. State law limits restrictions on ac- cessory residential dwellings. As such, these dwellings, if in conformance with state law, should not be included in residential density calculations. Zoning or Other Policy Documents, Continued ▪ Intensity Limitations on Nonresidential Uses. Local pol- icies must establish limits on the usage intensities of com- mercial, industrial, and other nonresidential land uses. This can be done by duplication of the performance-oriented criteria—specifically, the number of people per acre—indi- cated in the compatibility plan. Alternatively, local jurisdic- tions may create a detailed list of land uses which are al- lowable and/or not allowable within each compatibility zone. For certain land uses, such a list may need to include limits on building sizes, floor area ratios, habitable floors, and/or other design parameters which are equivalent to the usage intensity criteria. ▪ Identification of Prohibited Uses. Compatibility plans may prohibit schools, day care centers, assisted living cen- ters, hospitals, and certain other uses within much of an airport’s influence area. The facilities often are permitted or conditionally permitted uses within many commercial or industrial land use designations. Policies need to be estab- lished which preclude these uses in accordance with the compatibility criteria. ▪ Open Land Requirements. ALUCP requirements, if any, for assuring that a minimum amount of open land is pre- served in the airport vicinity must be reflected in local poli- cies. Normally, the locations which are intended to be maintained as open land would be identified on a map with the total acreage within each compatibility zone indicated. If some of the area included as open land is private prop- erty, then policies must be established which assure that the open land will continue to exist as the property devel- ops. Policies specifying the required characteristics of eli- gible open land should also be established ▪ Infill Development. If an ALUCP contains infill policies and a jurisdiction wishes to take advantage of them, the lands that meet the qualifications must be shown on a map. Source: California Airport Land Use Planning Handbook (October 2011) Page 371 of 550 GENERAL PLAN CONSISTENCY CHECKLIST APPENDIX F Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) F-3 Zoning or Other Policy Documents, Continued ▪ Height Limitations and Other Hazards to Flight. To protect the airport airspace, limitations must be set on the height of structures and other objects near airports. These limitations are to be based upon CFR Part 77. Re- strictions also must be established on other land use characteristics which can cause hazards to flight (specif- ically, visual or electronic interference with navigation and uses which attract birds). Note that many jurisdic- tions have already adopted an airport-related hazard and height limit zoning ordinance which, if up to date, will sat- isfy this consistency requirement. ▪ Buyer Awareness Measures. Besides disclosure rules already required by state law, as a condition for approval of development within certain compatibility zones, some ALUCPs require either dedication of an avigation ease- ment to the airport proprietor or placement on deeds of a notice regarding airport impacts. If so, local agency poli- cies must contain similar requirements. ▪ Nonconforming Uses and Reconstruction. Local agency policies regarding nonconforming uses and re- construction must be equivalent to or more restrictive than those in the ALUCP, if any. REVIEW PROCEDURES In addition to incorporation of ALUC compatibility criteria, local agency implementing documents must specify the manner in which development proposals will be reviewed for consistency with the compatibility criteria. ▪ Actions Always Required to be Submitted for ALUC Review. PUC Section 21676 identifies the types of ac- tions that must be submitted for airport land use commis- sion review. Local policies should either list these actions or, at a minimum, note the local agency’s intent to comply with the state statute. ▪ Other Land Use Actions Potentially Subject to ALUC Review. In addition to the above actions, ALUCPs may identify certain major land use actions for which referral to the ALUC is dependent upon agreement between the local agency and ALUC. If the local agency fully complies with all of the items in this general plan consistency checklist or has taken the necessary steps to overrule the ALUC, then referral of the additional actions is voluntary. On the other hand, a local agency may elect not to incor- porate all of the necessary compatibility criteria and re- view procedures into its own policies. In this case, referral of major land use actions to the ALUC is mandatory. Lo- cal policies should indicate the local agency’s intentions in this regard. ▪ Process for Compatibility Reviews by Local Jurisdic- tions. If a local agency chooses to submit only the man- datory actions for ALUC review, then it must establish a policy indicating the procedures which will be used to as- sure that airport compatibility criteria are addressed dur- ing review of other projects. Possibilities include: a stand- ard review procedure checklist which includes reference to compatibility criteria; use of a geographic information system to identify all parcels within the airport influence area; etc. ▪ Variance Procedures. Local procedures for granting of variances to the zoning ordinance must make certain that any such variances do not result in a conflict with the compatibility criteria. Any variance that involves issues of noise, safety, airspace protection, or overflight compati- bility as addressed in the ALUCP must be referred to the ALUC for review. ▪ Enforcement. Policies must be established to assure compliance with compatibility criteria during the lifetime of the development. Enforcement procedures are espe- cially necessary with regard to limitations on usage inten- sities and the heights of trees. An airport combining dis- trict zoning ordinance is one means of implementing en- forcement requirements. Source: California Airport Land Use Planning Handbook (October 2011) 2 Page 372 of 550 APPENDIX F GENERAL PLAN CONSISTENCY CHECKLIST F–4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) This page left intentionally blank Page 373 of 550 A P P E N D I X G Sample Implementation Documents Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) G–1 The responsibility for implementation of the compatibility criteria set forth in this UKIALUCP rests largely with the ALUC and the local jurisdictions: Mendocino County and the city of Ukiah. As described in Appendix F, modification of general plans and specific plans for consistency with the ALUCP is the major step in this process. However, not all of the measures necessary for achievement of airport land use compatibility are necessarily included in general plans and specific plans. Other types of documents also serve to implement the ALUCP policies. Samples of such implementation documents are included in this appendix. Airport Combining Zone Ordinance As noted in Chapter 1 of this document, one option that the affected local jurisdictions can utilize to implement airport land use compatibility criteria and associated policies is adoption of an airport com- bining zone ordinance. An airport combining zone ordinance is a way of collecting various airport-related development conditions into one local policy document. Adoption of a combining zone is not required, but is suggested as an option. Appendix G1 describes some of the potential components of an airport combining zone ordinance. Buyer Awareness Measures Buyer awareness is an umbrella category for several types of implementation documents all of which have the objective of ensuring that prospective buyers of airport area property, particularly residential property, are informed about the airport’s impact on the property. The ALUCP policies include each of these measures. ▪ Avigation Easement. Avigation easements transfer certain property rights from the owner of the underlying property to the owner of an airport or, in the case of military airports, to a local govern- ment agency on behalf of the federal government (the U.S. Department of Defense is not authorized to accept avigation easements). This UKIALUCP requires avigation easement dedication as a condi- tion for approval of development on property subject to high noise levels or a need to restrict heights of structures and trees to less than might ordinarily occur on the property. Specifically, the easement dedication requirement applies to development within Compatibility Zones 1, 1*, 2, and 3 and the Height Review Overlay Zone. A sample of a standard avigation easement is included in Appendix G2. ▪ Recorded Overflight Notification. An overflight notification informs property owners that the property is subject to aircraft overflight and generation of noise and other impacts. No restrictions on the heights of objects, requirements for marking or lighting of objects, or access to the property for these purposes are included. An overflight notification serves only as buyer acceptance of over- flight conditions. Appendix G3 outlines typical language of an overflight easement. Unlike an aviga- tion easement, an overflight notification is not a conveyance of property rights. They merely memo- rialize the right of aircraft to overfly a property near an airport and to cause noise and other impacts associated with normal flight. However, like an easement, an overflight notification is recorded on the property deed and therefore remains in effect with the sale of the property to subsequent owners. ▪ Real Estate Disclosure. A less definitive, but more all-encompassing, form of buyer awareness measure is for the ALUC and local jurisdictions to establish a policy indicating that information about and airport’s influence area should be disclosed to prospective buyers of all airport-vicinity properties Page 374 of 550 APPENDIX G SAMPLE IMPLEMENTATION DOCUMENTS G–2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) prior to transfer of title. The advantage of this type of program is that it applies to previously existing land uses as well as to new development. The requirement for disclosure of information about the proximity of an airport has been present in state law for some time, but legislation adopted in 2002 and effective in January 2004 explicitly ties the requirement to the airport influence areas established by airport land use commissions (see Appendix A for excerpts from sections of the Business and Professions Code and Civil Code that define these requirements). With certain exceptions, these stat- utes require disclosure of a property’s location within an airport influence area under any of the fol- lowing three circumstances: (1) sale or lease of subdivided lands; (2) sale of common interest devel- opments; and (3) sale of residential real property. In each case, the disclosure statement to be used is defined by state law as follows: NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for ex- ample: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. Page 375 of 550 SAMPLE IMPLEMENTATION DOCUMENTS APPENDIX G Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) G–3 Table G1 Sample Airport Combining Zone Components An airport compatibility combining zoning ordinance might include some or all of the following components: ▪ Airspace Protection. A combining district can establish restrictions on the height of buildings, antennas, trees, and other objects as necessary to protect the airspace needed for operation of the airport. These restrictions should be based upon the current version of Title 14 Code of Federal Regulations Part 77 14CFR77, Safe, Ef- ficient Use, and Preservation of the Navigable Airspace , Subpart C. Additions or adjustment to take into account instrument approach (TERPS) surfaces should be made as necessary. Provisions prohibiting smoke, glare, bird attractions, and other hazards to flight should also be in- cluded. ▪ FAA Notification Requirements. Combining districts also can be used to ensure that project developers are informed about the need for compliance with the notifica- tion requirements of 14CFR77. Subpart B of the regula- tions requires that the proponent of any project which ex- ceeds a specified set of height criteria submit a Notice of Proposed Construction or Alteration (Form 7460-1) to the Federal Aviation Administration prior to commencement of construction. The height criteria associated with this notification requirement are lower than those spelled out in 14CFR77, Subpart C, which define airspace obstruc- tions. The purpose of the notification is to determine if the proposed construction would constitute a potential haz- ard or obstruction to flight. Notification is not required for proposed structures that would be shielded by existing structures or by natural terrain of equal or greater height, where it is obvious that the proposal would not adversely affect air safety. ▪ Maximum Densities/Intensities. Airport noise and safety compatibility criteria are frequently expressed in terms of dwelling units per acre for residential uses and people per acre for other land uses. These standards can either be directly included in a combining zone or used to modify the underlying land use designations. For residen- tial land uses, the correlation between the compatibility criteria and land use designations is direct. For other land uses, the method of calculating the intensity limitations needs to be defined. Alternatively, a matrix can be estab- lished indicating whether each specific type of land use is compatible with each compatibility zone. To be useful, the land use categories need to be more detailed than typically provided by general plan or zoning ordinance land use designations. ▪ Open Areas for Emergency Landing of Aircraft. In most circumstances in which an accident involving a small aircraft occurs near an airport, the aircraft is under control as it descends. When forced to make an off -air- port emergency landing, pilots will usually attempt to do so in the most open areas readily available. To en- hance safety both for people on the ground and the oc- cupants of the aircraft, airport compatibility plans often contain criteria requiring a certain amount of open land near airports. These criteria are most effectively carried out by planning at the general or specific plan level, but may also need to be included in a combining district so that they will be applied to development of large parcels. Adequate open areas can often be provided by cluster- ing of development on adjacent land. ▪ State Regulation of Obstructions. State law prohibits anyone from constructing or altering a structure or alter- ing a structure or permitting an object of natural growth to exceed the heights established by 14CFR77, Subpart C, unless the FAA has determined the object would or does not constitute a hazard to air navigation (Public Util- ities Code, Section 21659). Additionally, a permit from the Department of Transportation is required for any structure taller than 500 feet above the ground unless the height is reviewed and approved by the Federal Commu- nications Commission or the FAA (Section 21656). ▪ Designation of High Noise-Impact Areas. California state statutes require that multi-family residential struc- tures in high-noise exposure areas be constructed so as to limit the interior noise to a Community Noise Equiva- lent Level of no more than 45 dB. A combining district could be used to indicate the locations where special construction techniques may be necessary in order to en- sure compliance with this requirement. The combining district also could extend this criterion to single-family dwellings. ▪ Areas of Special Compatibility Concern. A significant drawback of standard general plan and zoning ordinance land use designations is that they can be changed. Uses that are currently compatible are not assured of staying that way in the future. Designation of areas of special compatibility concern would serve as a reminder that air- port impacts should be carefully considered in any deci- sion to change the existing land use designation. [A legal consideration which supports the value of this concept is that down-zoning of a property to a less intensive use is becoming more difficult. It is much better not to have in- appropriately up-zoned the property in the first place.] ▪ Real Estate Disclosure Policies. The geographic ex- tent and specific language of recommended real estate disclosure statements can be described in an airport combining zone ordinance. Source: California Airport Land Use Planning Handbook (October 2011) Page 376 of 550 APPENDIX G SAMPLE IMPLEMENTATION DOCUMENTS G–4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Table G2 Typical Avigation Easement TYPICAL AVIGATION EASEMENT [Insert Airport Name] This indenture made this _____ day of ____________, 20__, between _________________________ herein- after referred to as Grantor, and the [Insert Name of Airport Owner], hereinafter referred to as Grantee. The Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual and assignable easement over the fol- lowing described parcel of land in which the Grantor holds a fee simple estate. The property which is subject to this easement is depicted as _____________________ on “Exhibit A” attached and is more particularly de- scribed as follows: [Insert Legal Description of Real Property] The easement applies to the Airspace above an imaginary plane over the real property. The plane is described as follows: The imaginary plane above the hereinbefore described real property, as such plane is defined by Part 77 of the Code of Federal Regulations, and consists of a plane [describe approach, transition, or horizontal surface]; the elevation of said plane being based upon the [Insert Airport Name] official runway end elevation of _____ feet Above Mean Sea Level (AMSL), as determined by [Insert Name and Date of Survey or Airport Layout Plan that determines the elevation] the approximate dimensions of which said plane are described and shown on Exhibit A attached hereto and incorporated herein by reference. The aforesaid easement and right-of-way includes, but is not limited to: (1) For the use and benefit of the public, the easement and continuing right to fly, or cause or permit the flight by any and all persons, or any aircraft, of any and all kinds now or hereafter known, in, through, across, or about any portion of the Airspace hereinabove described; and (2) The easement and right to cause or create, or permit or allow to be caused and created within all space above the existing surface of the hereinabove described real property and any and all Airspace laterally adjacent to said real property, such noise, vibration, currents and other effects of air illumination and fuel consumption as may be inherent in, or may arise or occur from or during the operation of aircraft of any and all kinds, now or hereafter known or used, for navigation of or flight in air; and (3) A continuing right to clear and keep clear from the Airspace any portions of buildings, structures or improvements of any kinds, and of trees or other objects, including the right to remove or demolish those portions of such buildings, structures, improvements, trees, or other things which extend into or above said Airspace, and the right to cut to the ground level and remove, any trees which extend into or above the Airspace; and (4) The right to mark and light, or cause or require to be marked and lighted, as obstructions to air naviga- tion, any and all buildings, structures or other improvements, and trees or other objects, which extend into or above the Airspace; and (5) The right of ingress to, passage within, and egress from the hereinabove described real property, for the purposes described in subparagraphs (3) and (4) above at reasonable times and after reasonable notice. Page 377 of 550 SAMPLE IMPLEMENTATION DOCUMENTS APPENDIX G Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) G–5 Table G2, continued For and on behalf of itself, its successors and assigns, the Grantor hereby covenants with the Grantee, for the direct benefit of the real property constituting the [Insert Airport Name] hereinafter described, that neither the Grantor, nor its successors in interest or assigns will construct, install, erect, place or grow, in or upon the here- inabove described real property, nor will they permit or allow any building structure, improvement, tree, or other object to extend into or above the Airspace so as to constitute an obstruction to air navigation or to obstruct or interfere with the use of the easement and rights-of-way herein granted. The easements and rights-of-way herein granted shall be deemed both appurtenant to and for the direct benefit of that real property which constitutes the [Insert Airport Name], in the [Insert County or City Name], State of California; and shall further be deemed in gross, being conveyed to the Grantee for the benefit the Grantee and any and all members of the general public who may use said easement or right-of-way, in landing at, taking off from or operating such aircraft in or about the [Insert Airport Name], or in otherwise flying through said Air- space. Grantor, together with its successors in interest and assigns, hereby waives its right to legal action against Grantee, its successors or assigns for monetary damages or other redress due to impacts, as described in paragraph (2) of the granted rights of easement, associated with aircraft operations in the air or on the ground at the airport, including future increases in the volume or changes in location of said operations. Furthermore, Grantee, its successors, and assigns shall have no duty to avoid or mitigate such damages through physical modification of airport facilities or establishment or modification of aircraft operational procedures or restrictions. However, this waiver shall not apply if the airport role or character of its usage (as identified in an adopted airport master plan, for example) changes in a fundamental manner which could not reasonably have been anticipated at the time of the granting of this easement and which results in a substantial increase in the in the impacts associated with aircraft operations. Also, this grant of easement shall not operate to deprive the Grantor, its successors or assigns of any rights which may from time to time have against any air carrier or private operator for negligent or unlawful operation of aircraft. These covenants and agreements run with the land and are binding upon the heirs, administrators, executors, successors and assigns of the Grantor, and, for the purpose of this instrument, the real property firstly here- inabove described is the servient tenement and said [Insert Airport Name] is the dominant tenement. DATED: STATE OF } ss COUNTY OF } On _____________________, before me, the undersigned, a Notary Public in and for said County and State personally appeared __________________, and ________________ known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. __________________________________________________ Notary Public Source: Modified from California Airport Land Use Planning Handbook (October 2011) Page 378 of 550 APPENDIX G SAMPLE IMPLEMENTATION DOCUMENTS G–6 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Table G3 Recorded Overflight Notification RECORDED OVERFLIGHT NOTIFICATION This Overflight Notification concerns the real property situated in the County of _______________________ and the City of _______________________, State of California, described as __________________________________[APN No.: ------ ]. This Overflight Notification provides notification of the condition of the above described property in recognition of, and in compliance with, CALIFORNIA BUSINESS & PROFESSIONS CODE Section 11010 and CALIFORNIA CIVIL CODE Sections 1102.6, 1103.4 and 1353, effective January 1, 2004, and related state and local regulations and consistent with policies of the Airport Land Use Commission for the overflight notification provided in the Airport Land Use Compatibility Plan. The Airport Land Use Compatibility Plan and [Insert County / City Name] Ordinance (Ordinance No.___ ) identify the [Insert Airport Name] Airport Influence Area. Properties within this area are routinely subject to overflights by aircraft using this public-use airport and, as a result, residents may experience inconvenience, annoyance, or discomfort arising from the noise of such operations. State law (Public Utilities Code Section 21670 et seq.) establishes the importance of public-use airports to protection of the public interest of the people of the state of California. Residents of property near such airports should therefore be prepared to accept the inconvenience, annoyance, or discomfort from normal aircraft operations. Residents also should be aware that the current volume of aircraft activity may increase in the future in response to population and economic growth in the County of __________. Any subsequent deed conveying this parcel or subdivisions thereof shall contain a statement in substantially this form. The Federal Aviation Administration (FAA) has regulatory authority over the operation of aircraft in flight and on the runway and taxiway surfaces at [Insert Airport Name]. The FAA is, therefore, exclusively responsible for airspace and air traffic management, including ensuring the safe and efficient use of navigable airspace, devel- oping air traffic rules, assigning the use of airspace and controlling air traffic. Please contact the FAA for more detailed information regarding overflight and airspace protection issues associated with the operation of aircraft. The airport operator, the [Insert Name of Airport Owner], maintains information regarding hours of operation and other relevant information regarding airport operations. Please contact your local airport operator for more detailed information regarding airport specific operational issues including hours of operation. This Overflight Notification shall be duly recorded with the ______ County Assessor’s Office, shall run with the Property, and shall be binding upon all parties having or acquiring any right, title or interest in the Property. Effective Date:_________, 20__ Source: Modified from California Airport Land Use Planning Handbook (October 2011) Page 379 of 550 A P P E N D I X H Glossary of Terms Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) H–1 Above Ground Level (AGL): An elevation datum given in feet above ground level. Accessory Dwelling: An attached or a detached residential dwelling unit that provides complete inde- pendent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanita- tion on the same parcel as the single-family or multifamily dwelling is or will be situated. (Government code, Section 65852.2(j)(1)) Air Carriers: The commercial system of air transportation, consisting of the certificated air carriers, air taxis (including commuters), supplemental air carriers, commercial operators of large aircraft, and air travel clubs. Aircraft Accident: An occurrence incident to flight in which, as a result of the operation of an aircraft, a person (occupant or nonoccupant) receives fatal or serious injury or an aircraft receives substantial damage. ▪ Except as provided below, substantial damage means damage or structural failure that adversely affects the structural strength, performance, or flight characteristics of the aircraft, and that would normally require major repair or replacement of the affected component. ▪ Engine failure, damage limited to an engine, bent fairings or cowling, dented skin, small puncture holes in the skin or fabric, ground damage to rotor or propeller blades, damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wingtips are not considered substantial damage. Aircraft Incident: A mishap associated with the operation of an aircraft in which neither fatal nor serious injuries nor substantial damage to the aircraft occurs. Aircraft Mishap: The collective term for an aircraft accident or an incident. Aircraft Operation: The airborne movement of aircraft at an airport or about an en route fix or at other point where counts can be made. There are two types of operations: local and itinerant. An operation is counted for each landing and each departure, such that a touch-and-go flight is counted as two operations. (FAA Stats) Airport: An area of land or water that is used or intended to be used for the landing and taking off of aircraft, and includes its buildings and facilities if any. (FAR 1) Airport Elevation: The highest point of an airport’s useable runways, measured in feet above mean sea level. (AIM) Airport Land Use Commission (ALUC): A commission authorized under the provisions of California Public Utilities Code, Section 21670 et seq. and established (in any county within which a public-use airport is located) for the purpose of promoting compatibility between airports and the land uses sur- rounding them. Airport Layout Plan (ALP): A scale drawing of existing and proposed airport facilities, their location on an airport, and the pertinent clearance and dimensional information required to demonstrate con- formance with applicable standards. Page 380 of 550 APPENDIX H GLOSSARY OF TERMS H–2 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Airport Master Plan (AMP): A long-range plan for development of an airport, including descriptions of the data and analyses on which the plan is based. Airport Reference Code (ARC): A coding system used to relate airport design criteria to the operation and physical characteristics of the airplanes intended to operate at an airport. (Airport Design AC) Airports, Classes of: For the purposes of issuing a Site Approval Permit, The California Department of Transportation, Division of Aeronautics classifies airports into the following categories: (CCR) ▪ Agricultural Airport or Heliport: An airport restricted to use only be agricultural aerial applicator aircraft (FAR Part 137 operators). ▪ Emergency Medical Services (EMS) Landing Site: A site used for the landing and taking off of EMS heli- copters that is located at or as near as practical to a medical emergency or at or near a medical facility and (1) has been designated an EMS landing site by an officer authorized by a public safety agency, as defined in PUC Section 21662.1, using criteria that the public safety agency has determined is reasonable and prudent for the safe operation of EMS helicopters and (2) is used, over any twelve month period, for no more than an average of six landings per month with a patient or patients on the helicopter, except to allow for adequate medical response to a mass casualty event even if that response causes the site to be used beyond these limits, and (3) is not marked as a permitted heliport as described in Section 3554 of these regulations and (4) is used only for emergency medical purposes. ▪ Heliport on Offshore Oil Platform: A heliport located on a structure in the ocean, not connected to the shore by pier, bridge, wharf, dock or breakwater, used in the support of petroleum exploration or production. ▪ Personal-Use Airport: An airport limited to the non-commercial use of an individual owner or family and occasional invited guests. ▪ Public-Use Airport: An airport that is open for aircraft operations to the general public and is listed in the current edition of the Airport/Facility Directory that is published by the National Ocean Service of the U.S. Department of Commerce. ▪ Seaplane Landing Site: An area of water used, or intended for use, for landing and takeoff of seaplanes. ▪ Special-Use Airport or Heliport: An airport not open to the general public, access to which is controlled by the owner in support of commercial activities, public service operations, and/or personal use. ▪ Temporary Helicopter Landing Site: A site, other than an emergency medical service landing site at or near a medical facility, which is used for landing and taking off of helicopters and (1) is used or intended to be used for less than one year, except for recurrent annual events and (2) is not marked or lighted to be distinguishable as a heliport and (3) is not used exclusively for helicopter operations. Ambient Noise Level: The level of noise that is all encompassing within a given environment for which a single source cannot be determined. It is usually a composite of sounds from many and varied sources near to and far from the receiver. Page 381 of 550 GLOSSARY OF TERMS APPENDIX H Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) H–3 Approach Protection Easement: A form of easement that both conveys all of the rights of an avigation easement and sets specified limitations on the type of land uses allowed to be developed on the property. Approach Speed: The recommended speed contained in aircraft manuals used by pilots when making an approach to landing. This speed will vary for different segments of an approach as well as for aircraft weight and configuration. (AIM) Aviation-Related Use: Any facility or activity directly associated with the air transportation of persons or cargo or the operation, storage, or maintenance of aircraft at an airport or heliport. Such uses specifi- cally include runways, taxiways, and their associated protected areas defined by the Federal Aviation Ad- ministration, together with aircraft aprons, hangars, fixed base operations, terminal buildings, etc. Avigation Easement: A type of easement that typically conveys the following rights: ▪ A right-of-way for free and unobstructed passage of aircraft through the airspace over the property at any altitude above a surface specified in the easement (usually set in accordance with CFR Part 77 criteria). ▪ A right to subject the property to noise, vibrations, fumes, dust, and fuel particle emissions associated with normal airport activity. ▪ A right to prohibit the erection or growth of any structure, tree, or other object that would enter the acquired airspace. ▪ A right-of-entry onto the property, with proper advance notice, for the purpose of removing, mark- ing, or lighting any structure or other object that enters the acquired airspace. ▪ A right to prohibit electrical interference, glare, misleading lights, visual impairments, and other haz- ards to aircraft flight from being created on the property. Based Aircraft: Aircraft stationed at an airport on a long-term basis. California Environmental Quality Act (CEQA): Statutes adopted by the state legislature for the pur- pose of maintaining a quality environment for the people of the state now and in the future. The Act establishes a process for state and local agency review of projects, as defined in the implementing guide- lines that may adversely affect the environment. Ceiling: Height above the earth’s surface to the lowest layer of clouds or obscuring phenomena. (AIM) Circling Approach/Circle-to-Land Maneuver: A maneuver initiated by the pilot to align the aircraft with a runway for landing when a straight-in landing from an instrument approach is not possible or not desirable. (AIM) Combining District: A zoning district that establishes development standards in areas of special concern over and above the standards applicable to basic underlying zoning districts. Commercial Activities: Airport-related activities that may offer a facility, service or commodity for sale, hire or profit. Examples of commodities for sale are: food, lodging, entertainment, real estate, petroleum products, parts and equipment. Examples of services are: flight training, charter flights, maintenance, aircraft storage, and tiedown. (CCR) Commercial Operator: A person who, for compensation or hire, engages in the carriage by aircraft in air commerce of persons or property, other than as an air carrier. (FAR 1) Page 382 of 550 APPENDIX H GLOSSARY OF TERMS H–4 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Community Noise Equivalent Level (CNEL): The noise metric adopted by the State of California for evaluating airport noise. It represents the average daytime noise level during a 24-hour day, adjusted to an equivalent level to account for the lower tolerance of people to noise during evening and nighttime periods relative to the daytime period. (State Airport Noise Standards) Compatibility Plan: As used herein, a plan, usually adopted by an Airport Land Use Commission that sets forth policies for promoting compatibility between airports and the land uses that surround them. Often referred to as a Comprehensive Land Use Plan (CLUP). Controlled Airspace: Any of several types of airspace within which some or all aircraft may be subject to air traffic control. (FAR 1) Day-Night Average Sound Level (DNL): The noise metric adopted by the U.S. Environmental Pro- tection Agency for measurement of environmental noise. It represents the average daytime noise level during a 24-hour day, measured in decibels and adjusted to account for the lower tolerance of people to noise during nighttime periods. The mathematical symbol is Ldn. Decibel (dB): A unit measuring the magnitude of a sound, equal to the logarithm of the ratio of the intensity of the sound to the intensity of an arbitrarily chosen standard sound, specifically a sound just barely audible to an unimpaired human ear. For environmental noise from aircraft and other transporta- tion sources, an A-weighted sound level (abbreviated dBA) is normally used. The A-weighting scale adjusts the values of different sound frequencies to approximate the auditory sensitivity of the human ear. Deed Notice: A formal statement added to the legal description of a deed to a property and on any subdivision map. As used in airport land use planning, a deed notice would state that the property is subject to aircraft overflights. Deed notices are used as a form of buyer notification as a means of ensuring that those who are particularly sensitive to aircraft overflights can avoid moving to the affected areas. Designated Body: A local government entity, such as a regional planning agency or a county planning commission, chosen by the county board of supervisors and the selection committee of city mayors to act in the capacity of an airport land use commission. Displaced Threshold: A landing threshold that is located at a point on the runway other than the des- ignated beginning of the runway (see Threshold). (AIM) Dwelling Unit: Any building, structure or portion thereof which is occupied as, or designed or in- tended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (HUD) Easement: A less-than-fee-title transfer of real property rights from the property owner to the holder of the easement. Equivalent Sound Level (Leq): The level of constant sound that, in the given situation and time period, has the same average sound energy as does a time-varying sound. Code of Federal Regulations (CFR) Title 14 Part 77 (14CFR77): The part of the Code of Federal Regulations that deals with objects affecting navigable airspace in the vicinity of airports. Objects that exceed the Part 77 height limits constitute airspace obstructions. 14CFR77 establishes standards for iden- tifying obstructions to navigable airspace, sets forth requirements for notice to the FAA of certain pro- posed construction or alteration, and provides for aeronautical studies of obstructions to determine their effect on the safe and efficient use of airspace. A copy of the regulations is available at www.ecfr.gov. Page 383 of 550 GLOSSARY OF TERMS APPENDIX H Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) H–5 CFR Title 14 Part 77 Surfaces: Imaginary airspace surfaces established with relation to each runway of an airport. There are five types of surfaces: (1) primary; (2) approach; (3) transitional; (4) horizontal; and (5) conical. Federal Aviation Administration (FAA): The U.S. government agency that is responsible for ensuring the safe and efficient use of the nation’s airports and airspace. Code of Federal Regulations (CFR): Regulations formally issued by the FAA to regulate air commerce. Findings: Legally relevant subconclusions that expose a government agency’s mode of analysis of facts, regulations, and policies, and that bridge the analytical gap between raw data and ultimate decision. Fixed Base Operator (FBO): A business that operates at an airport and provides aircraft services to the general public including, but not limited to, sale of fuel and oil; aircraft sales, rental, maintenance, and repair; parking and tiedown or storage of aircraft; flight training; air taxi/charter operations; and specialty services, such as instrument and avionics maintenance, painting, overhaul, aerial application, aerial pho- tography, aerial hoists, or pipeline patrol. General Aviation: That portion of civil aviation that encompasses all facets of aviation except air carriers. (FAA Stats) Glide Slope: An electronic signal radiated by a component of an ILS to provide vertical g uidance for aircraft during approach and landing. Global Positioning System (GPS): A navigational system that utilizes a network of satellites to deter- mine a positional fix almost anywhere on or above the earth. Developed and operated by the U.S. De- partment of Defense, GPS has been made available to the civilian sector for surface, marine, and aerial navigational use. For aviation purposes, the current form of GPS guidance provides en route aerial nav- igation and selected types of nonprecision instrument approaches. Eventual application of GPS as the principal system of navigational guidance throughout the world is anticipated. Helipad: A small, designated area, usually with a prepared surface, on a heliport, airport, landing/takeoff area, apron/ramp, or movement area used for takeoff, landing, or parking of helicopters. (AIM) Heliport: A facility used for operating, basing, housing, and maintaining helicopters. (HAI) Infill: Development that takes place on vacant property largely surrounded by existing development, especially development that is similar in character. Instrument Approach Procedure: A series of predetermined maneuvers for the orderly transfer of an aircraft under instrument flight conditions from the beginning of the initial approach to a landing or to a point from which a landing may be made visually. It is prescribed and approved for a specific airport by competent authority (refer to Nonprecision Approach Procedure and Precision Approach Procedure). (AIM) Instrument Flight Rules (IFR): Rules governing the procedures for conducting instrument flight. Gen- erally, IFR applies when meteorological conditions with a ceiling below 1,000 feet and visibility less than 3 miles prevail. (AIM) Instrument Landing System (ILS): A precision instrument approach system that normally consists of the following electronic components and visual aids: (1) Localizer; (2) Glide Slope; (3) Outer Marker; (4) Middle Marker; (5) Approach Lights. (AIM) Page 384 of 550 APPENDIX H GLOSSARY OF TERMS H–6 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Instrument Operation: An aircraft operation in accordance with an IFR flight plan or an operation where IFR separation between aircraft is provided by a terminal control facility. (FAA ATA) Instrument Runway: A runway equipped with electronic and visual navigation aids for which a precision or nonprecision approach procedure having straight-in landing minimums has been approved. (AIM) Inverse Condemnation: An action brought by a property owner seeking just compensation for land taken for a public use against a government or private entity having the power of emine nt domain. It is a remedy peculiar to the property owner and is exercisable by that party where it appears that the taker of the property does not intend to bring eminent domain proceedings. Land Use Density: A measure of the concentration of land use development in an area. Mostly the term is used with respect to residential development and refers to the number of dwelling units per acre. Unless otherwise noted, policies in this UKIALUCP refer to gross rather than net acreage. Land Use Intensity: A measure of the concentration of nonresidential land use development in an area. For the purposes of airport land use planning, the term indicates the number of people per acre attracted by the land use. Unless otherwise noted, policies in this UKIALUCP refer to gross rather than net acreage. Large Airplane: An airplane of more than 12,500 pounds maximum certificated takeoff weight. (Airport Design AC) Localizer (LOC): The component of an ILS that provides course guidance to the runway. (AIM) Mean Sea Level (MSL): An elevation datum given in feet from mean sea level. Minimum Descent Altitude (MDA): The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle-to-land maneuvering in execution of a standard instrument approach procedure where no electronic glide slope is provided. (FAR 1) Missed Approach: A maneuver conducted by a pilot when an instrument approach cannot be completed to a landing. (AIM) National Transportation Safety Board (NTSB): The U.S. government agency responsible for inves- tigating transportation accidents and incidents. Navigational Aid (Navaid): Any visual or electronic device airborne or on the surface that provides point-to-point guidance information or position data to aircraft in flight. (AIM) Noise Contours: Continuous lines of equal noise level usually drawn around a noise source, such as an airport or highway. The lines are generally drawn in 5-decibel increments so that they resemble elevation contours in topographic maps. Noise Level Reduction (NLR): A measure used to describe the reduction in sound level from envi- ronmental noise sources occurring between the outside and the inside of a structure. Nonconforming Use: An existing land use that does not conform to subsequently adopted or amended zoning or other land use development standards. Nonprecision Approach Procedure: A standard instrument approach procedure in which no electronic glide slope is provided. (FAR 1) Page 385 of 550 GLOSSARY OF TERMS APPENDIX H Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) H–7 Nonprecision Instrument Runway: A runway with an approved or planned straight-in instrument ap- proach procedure that has no existing or planned precision instrument approach procedure. (Airport Design AC) Obstruction: Any object of natural growth, terrain, or permanent or temporary construction or altera- tion, including equipment or materials used therein, the height of which exceed the standards established in Subpart C of the Code of Federal Regulations Part 77, Objects Affecting Navigable Airspace. Overflight: Any distinctly visible and/or audible passage of an aircraft in flight, not necessarily directly overhead. Overflight Easement: An easement that describes the right to overfly the property above a specified surface and includes the right to subject the property to noise, vibrations, fumes, and emissions. An overflight easement is used primarily as a form of buyer notification. Overflight Zone: The area(s) where aircraft maneuver to enter or leave the traffic pattern, typically de- fined by the CFR Part 77 horizontal surface. Overlay Zone: See Combining District. Planning Area Boundary: An area surrounding an airport designated by an ALUC for the purpose of airport land use compatibility planning conducted in accordance with provisions of the State Aeronautics Act. Precision Approach Procedure: A standard instrument approach procedure where an electronic glide slope is provided. (FAR 1) Precision Instrument Runway: A runway with an existing or planned precision instrument approach procedure. (Airport Design AC) Referral Area: The area around an airport defined by the planning area boundary adopted by an airport land use commission within which certain land use proposals are to be referred to the commission for review. Runway Protection Zone (RPZ): An area (formerly called a clear zone) off the end of a runway used to enhance the protection of people and property on the ground. (Airport Design AC) Safety Zone: For the purpose of airport land use planning, an area near an airport in which land use restrictions are established to protect the safety of the public from potential aircraft accidents. Single-Event Noise: As used in herein, the noise from an individual aircraft operation or overflight. Single Event Noise Exposure Level (SENEL): A measure, in decibels, of the noise exposure level of a single event, such as an aircraft flyby, measured over the time interval between the initial and final times for which the noise level of the event exceeds a threshold noise level and normalized to a reference duration of one second. SENEL is a noise metric established for use in California by the state Airport Noise Standards and is essentially identical to Sound Exposure Level (SEL). Site Approval Permit: A written approval issued by the California Department of Transportation au- thorizing construction of an airport in accordance with approved plans, specifications, and conditions. Both public-use and special-use airports require a site approval permit. (CCR) Page 386 of 550 APPENDIX H GLOSSARY OF TERMS H–8 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) Small Airplane: An airplane of 12,500 pounds or less maximum certificated takeoff weight. (Airport Design AC) Sound Exposure Level (SEL): A time-integrated metric (i.e., continuously summed over a time period) that quantifies the total energy in the A-weighted sound level measured during a transient noise event. The time period for this measurement is generally taken to be that between the moments when the A- weighted sound level is 10 dB below the maximum. Straight-In Instrument Approach: An instrument approach wherein a final approach is begun without first having executed a procedure turn; it is not necessarily completed with a straight-in landing or made to straight-in landing weather minimums. (AIM) Structure: Something that is constructed or erected. Taking: Government appropriation of private land for which compensation must be paid as required by the Fifth Amendment of the U.S. Constitution. It is not essential that there be physical seizure or appro- priation for a taking to occur, only that the government action directly interferes with or substantially disturbs the owner’s right to use and enjoyment of the property. Terminal Instrument Procedures (TERPS): Procedures for instrument approach and departure of aircraft to and from civil and military airports. There are four types of terminal instrument procedures: precision approach, nonprecision approach, circling, and departure. Threshold: The beginning of that portion of the runway usable for landing (also see Displaced Threshold). (AIM) Touch-and-Go: An operation by an aircraft that lands and departs on a runway without stopping or exiting the runway. (AIM) Traffic Pattern: The traffic flow that is prescribed for aircraft landing at, taxiing on, or taking off from an airport. The components of a typical traffic pattern are upwind leg, crosswind leg, downwind leg, base leg, and final approach. (AIM) Visual Approach: An approach where the pilot must use visual reference to the runway for landing under VFR conditions. Visual Flight Rules (VFR): Rules that govern the procedures for conducting flight under visual condi- tions. VFR applies when meteorological conditions are equal to or greater than the specified minimum- generally, a 1,000-foot ceiling and 3-mile visibility. Visual Runway: A runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an FAA- approved airport layout plan. (Airport Design AC) Zoning: A police power measure, enacted primarily by units of local government, in which the commu- nity is divided into districts or zones within which permitted and special uses are established, as are reg- ulations governing lot size, building bulk, placement, and other development standards. Requirements vary from district to district, but they must be uniform within districts. A zoning ordinance consists of two parts: the text and a map. Page 387 of 550 GLOSSARY OF TERMS APPENDIX H Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) H–9 Glossary Sources CFR 1: Code of Federal Regulations Part 1, Definitions and Abbreviations AIM: Aeronautical Information Manual Airport Design AC: Federal Aviation Administration, Airport Design Advisory Circular 150/5300-13 CCR: California Code of Regulations, Title 21, Section 3525 et seq., Division of Aeronautics FAA ATA: Federal Aviation Administration, Air Traffic Activity FAA Stats: Federal Aviation Administration, Statistical Handbook of Aviation HAI: Helicopter Association International NTSB: National Transportation and Safety Board Page 388 of 550 APPENDIX H GLOSSARY OF TERMS H–10 Ukiah Municipal Airport Land Use Compatibility Plan (Adopted May 20, 2021) This page intentionally blank Page 389 of 550 MENDOCINO COUNTY AIRPORT LAND USE COMMISSION ATTACHMENTS Airport Land Use Compatibility Plan Page 390 of 550 Page 391 of 550 Resolution Number _________ County of Mendocino Ukiah, California May 20, 2021 RESOLUTION OF THE MENDOCINO COUNTY AIRPORT LAND USE COMMISSION, COUNTY OF MENDOCINO, STATE OF CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND THE UKIAH MUNICIPAL AIRPORT LAND USE COMPATIBILITY PLAN. WHEREAS, California Public Utilities Code section 21670(a) requires Airport Land Use Commissions to prepare Airport Land Use Compatibility Plans for public -use airports to promote compatibility between airports and the land uses surrounding; and WHEREAS, the Mendocino County Airport Land Use Commission adopted the Mendocino County Airport Comprehensive Land Use Plan (ACLUP) on October 21, 1993 and adopted revisions on June 6, 1996; and WHEREAS, the Mendocino County Airport Land Use Commission desires to replace the portions of the ACLUP related to the Ukiah Municipal Airport with a separate and distinct plan, the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), located within the City limits of the City of Ukiah, at the Ukiah Municipal Airport and within the associated Airport Influence Area (AIA) in both the City Limits and unincorporated areas of Mendocino County (the “Project”); and WHEREAS, the draft UKIALUCP were prepared with advice from a technical advis ory group that included representatives from the City of Ukiah, the County of Mendocino, and the ALUC; and WHEREAS, a Negative Declaration was prepared for the Project and noticed and made available for agency and public review on July 16, 2020 in accordance with the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines; and WHEREAS, revisions to the Negative Declaration and an Addendum to the UKIALUCP were prepared in response to comments received during the public review period; and WHEREAS, the aforementioned revisions to the Negative Declaration do not trigger recirculation pursuant to section 15073.5 of the CEQA Guidelines as the revisions do not create new avoidable significant effects; and WHEREAS, in accordance with applicable provisions of law, the Mendocino County Airport Land Use Commission held a public hearing on May 20, 2021, at which time the Mendocino County Airport Land Use Commission heard and received all relevant testimony and evidence presented orally o r in writing regarding the Negative Declaration and the Project. All interested persons were given an opportunity to hear and be heard regarding the Negative Declaration and the Project; and WHEREAS, the Mendocino County Airport Land Use Commission has had an opportunity to review this Resolution and finds that it accurately sets for th the intentions of the Mendocino County Airport Land Use Commission regarding the Negative Declaration and the Project. NOW, THEREFORE, BE IT RESOLVED, that the Mendocino County Airport Land Use Commission makes the following findings: 1. That the foregoing recitals are true and correct and incorporated herein by this reference. Page 392 of 550 2. The UKIALUCP was prepared in conformance with the California Airport Land Use Planning Handbook (October 2011), prepared by the State of California Department of Transportation Division of Aeronautics, and California Public Utilities Code section 21675. 3. The UKIALUCP has taken into account the features of the Ukiah Municipal Airport development proposals that have implications for off-airport land uses. 4. The UKIALUCP is regulatory in nature, and neither the project nor their subsequent implementation by local agencies will lead directly to new development, construction, or to any physical change to the environment. 5. The UKIALUCP does have the potential to indirectly cause a physical change in the environment by influencing future land use and development patterns through the establishment of compatibility guidelines that are intended to prohibit or constrai n certain types of development within specifically delineated areas. No significant impacts to environmental resources were identified during the analysis performed for the Initial Study and Negative Declaration. BE IT FURTHER RESOLVED that the Mendocino County Airport Land Use Commission hereby adopts the Negative Declaration. The Mendocino County Airport Land Use Commission certifies that the Negative Declaration has been completed, reviewed, and considered, together with the comments received during the public review process, in compliance with CEQA and State and County CEQA Guidelines, finds that the Negative Declaration reflects the independent judgment and analysis of the Mendocino County Airport Land Use Commission, and finds that there is no substantial evidence that the project will have a significant effect on the environment. BE IT FURTHER RESOLVED that the Mendocino County Airport Land Use Commission hereby adopts the UKIALUCP and associated Addendum and the UKIALUCP replaces the compatibility plan for Ukiah Municipal Airport adopted by the Mendocino County Airport Land Use Commission in 1996 , and hereby directs staff to transmit the UKIALUCP to the California Department of Transportation Division of Aeronautics. BE IT FURTHER RESOLVED that the Mendocino County Airport Land Use Commission designates the Secretary as the custodian of the document and other material which constitutes the record of proceedings upon which the decision herein is based. These documents may be found at the office of the County of Mendocino Planning and Building Services, 860 North Bush Street, Ukiah, CA 95482. BE IT FURTHER RESOLVED that the Mendocino County Airport Land Use Commission action shall be final and immediately effective upon date of adoption. I hereby certify that according to the Provisions of Government Code Section 25103 delivery of this document has been made. ATTEST: JAMES F. FEENAN Commission Services Supervisor By:_______________________________ BY: IGNACIO GONZALEZ ERIC CRANE, Chair Interim Director Mendocino County Airport Land Use Commission _______________________________________ Page 393 of 550 Notice of Determination To: From: Office of Planning and Research Mendocino County Planning & Building U.S. Mail: Street Address: 860 North Bush Street PO Box 3044 1400 Tenth St., Rm 113 Ukiah, CA 95482 Sacramento, CA 95812-3044 Sacramento, CA 95812 Contact: Julia Acker Krog Email: ackerj@mendocinocounty.org Phone: 707-234-6650 County Clerk: Lead Agency (if different from above): County of Mendocino ________________________________ 501 Low Gap Road Address:_________________________ Ukiah, CA 95482 ________________________________ Contact:_________________________ Phone:__________________________ SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resource Code. State Clearinghouse Number (if submitted to State Clearinghouse): 2020070320 Project Title: Ukiah Airport Comprehensive Land Use Plan Project Applicant: County of Mendocino – Planning and Building Services Project Location (include county): Within the City limits of the City of Ukiah, at the Ukiah Municipal Airport and within the associated Airport Influence Area (AIA) in both the City Limits and unincorporated areas of Mendocino County. APN 003-310-08; Ukiah Municipal Airport located within the City of Ukiah. Project Description: Adoption of the proposed Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), which would supersede sections of the Mendocino County Airport Comprehensive Land Use Plan pertaining to the Ukiah Municipal Airport with a separate and distinct plan. The preparation of ALUCPs for public-use airports is required by the California State Aeronautics Act (Public Utilities Code Section 21670 et seq.). The purpose of ALUCPs is to promote compatibility between an airport and the land uses in its vicinity to the extent that these areas have not already been devoted to incompatible uses. This is to advise that the County of Mendocino (Lead Agency) has approved the above described project on May 20, 2021 and has made the following determinations regarding the above described project. 1.The project [will will not] have a significant effect on the environment. 2.An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3.Mitigation measures [ were were not] made a condition of the approval of the project. 4.A mitigation reporting or monitoring plan [ was was not] adopted for this project. 5.A statement of Overriding Considerations [ was was not] adopted for this project. 6.Findings [ were were not] made pursuant to the provisions of CEQA. This is to certify that the project file, which includes the Negative Declaration, record of project approval, and all supporting materials, is available to the General Public at: Planning and Building Services, 860 N Bush Street, Ukiah, California 95482. Signature (Public Agency): Title: Date: Date Received for filing at OPR: Assistant Director May 24, 2021 Page 394 of 550 Page 395 of 550 Page 396 of 550 Page 397 of 550 RREVISED CEQA INITIAL STUDY AND NEGATIVE DECLARATION Ukiah Municipal Airport Land Use Compatibility Plan Prepared for Mendocino County Airport Land Use Commission Prepared by Mead & Hunt, Inc. Windsor, California www.meadhunt.com May 2020 Draft, Revised January 2021 Attachment 2 Page 398 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 1 INITIAL STUDY 1. Project Title: Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) 2. Lead Agency Name and Address: Mendocino County Airport Land Use Commission (ALUC) 860 N. Bush Street Ukiah, CA 95482 3. Contact Person and Telephone/Email: Julia Acker Krog, Assistant Director County of Mendocino – Planning and Building Services (707) 234-6650, ackerj@mendocinocounty.org 4. Project Location: Ukiah Municipal Airport, including the City of Ukiah and the unincorporated area of Mendocino County (See Exhibits 5 and 6 at the end of this document) 5. Project Sponsor’s Name and Address: Mendocino County Airport Land Use Commission 860 N. Bush Street Ukiah, CA 95482 6. General Plan Designation(s): Various. City: Residential, Commercial, Manufacturing, Downtown Core; County: Commercial, Industrial, Agricultural, Suburban Residential 7. Zoning Designation(s): Various: Residential of varying densities, Manufacturing & Industrial, Agricultural 8. Description of Proposed Project: The creation of airport land use commissions and preparation of airport land use compatibility plans are requirements of the California State Aeronautics Act, Article 3.5, Public Utilities Code (PUC) Section 21670 et seq. As expressed by state law, the purpose of an airport land use commission is to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public and military airports to the extent that these areas are not already devoted to incompatible uses. An airport land use commission achieves this goal by adopting an airport land use compatibility plan for each public-use airport within the County. The Mendocino County Airport Land Use Commission (ALUC or ‘the Commission’) is established pursuant to California PUC Section 21670.4. The ALUC consists of seven members, two of which are required to have aviation expertise: x Three members appointed by the County Board of Supervisors from the County Planning Commission, x Three members appointed by the City Selection Committee of mayors of the county’s cities, x One member at large appointed by the other six members of the Commission. Page 399 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 2 The Mendocino County ALUC is responsible for preparing and adopting an Airport Land Use Compatibility Plan (ALUCP) for each public-use airport it oversees: Boonville, Ells Field, Little River, Ocean Ridge, Round Valley, and Ukiah Municipal airports. In 2019, the City of Ukiah (the City), as the owner and operator of the Ukiah Municipal Airport (the Airport), requested that the Mendocino County ALUC update the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP). The need for updating the ALUCP for Ukiah Municipal Airport is due to local and state level changes that have occurred since the plan was adopted in 1996. First, the countywide Mendocino County Airport Comprehensive Land Use Plan (MCACLUP) predates the latest guidance provided by the California Department of Transportation (Caltrans), Division of Aeronautics in the 2011 California Airport Land Use Planning Handbook (Handbook). Second, the current MCACLUP was based on the development proposals provided in the 1996 Ukiah Municipal Airport Master Plan, a plan which no longer fully reflects the city’s planning for the Airport. In 2015, the City initiated a planning effort to update the Airport Layout Plan (ALP). The updated ALP was approved in 2016 by the Federal Aviation Administration (FAA) and reflects a future 465-foot northerly extension to Runway 15-33 for an ultimate runway length of 4,888 feet. However, the additional length would not be available for aircraft landing from the north; instead, pilots would continue to land at the existing Runway 15 landing threshold. In accordance with state law (PUC Section 21675(a)), Caltrans Division of Aeronautics accepted the ALP in May 2019 as the basis of this proposed UKIALUCP. In November 2020, the Ukiah City Council approved a recommendation to the Mendocino County ALUC that the UKIALUCP update protect for a future 5,000-foot runway to accommodate future operations by CalFire Lockheed C-130 fire attack aircraft. At its meeting on November 19, 2020, the Mendocino County ALUC directed ALUC staff to revise the proposed UKIALUCP (Public Draft July 2020) and associated environmental document as recommended by the Ukiah City Council. The proposed revision to the draft UKIALUCP includes the addition of a Compatibility Zone 1* beyond Zone 1 at each end of the runway (Runway 15/33). Inclusion of a Zone 1* at both runway ends rather than just one preserves the option for the additional runway length to be provided on either the north or the south. Each Zone 1* encompasses the outer 112 feet of the Runway Protection Zone (RPZ) associated with a 5,000-foot runway length extended in one direction or the other. The compatibility criteria for Zone 1* match those of Zone A* in the 1996 MCACLUP for Ukiah Municipal Airport and is less restrictive than the criteria for Zone 1. Where Zone 1 precludes all future structures that are not aeronautical in function, Zone 1* allows very low intensity outdoor uses such as auto parking and storage with a maximum intensity of 10 people per acre. The proposed UKIALUCP (the Project), including Addendum #1 with the proposed revisions to the draft UKIALUCP, is the focus of this Initial Study. The proposed UKIALUCP would replace the portions of the existing countywide current MCACLUP pertaining to the Ukiah Municipal Airport, which was adopted by the Mendocino County ALUC on October 21, 1993, and last revised on June 6, 1996. The current MCACLUP would remain in effect for the other airports in Mendocino County. A copy of the proposed UKIALUCP is presented as Attachment A and Addendum #1 with the proposed revisions to the draft UKIALUCP is presented in Attachment B to this Initial Study. The applicable sections of the proposed UKIALUCP include the policy chapters (Chapters 2 and 3) and the background chapter (Chapter 4). Page 400 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 3 Consistent with PUC Section 21674.7, preparation of the proposed UKIALUCP was guided by the information included in the Handbook. For example, the Handbook provides a set of generic safety zones that are based on nationwide aircraft accident location data. The safety zones divide an airport vicinity into as many as six safety zones, each representing a distinct level of risk: x Safety Zone 1 and Zone 1*: Runway protection zone x Safety Zone 2: Inner approach/departure zone x Safety Zone 3: Inner turning zone x Safety Zone 4: Outer approach/departure zone x Safety Zone 5: Sideline zone x Safety Zone 6: Traffic pattern zone The proposed UKIALUCP applies the generic Handbook safety zones for a medium general aviation runway (length 4,000 feet to 5,999 feet) to the existing (4,423-foot) and future (4,888-foot) Runway 15/33 configurations. As described below, the Handbook safety zones are further refined to reflect the unique aeronautical factors at the Ukiah Municipal Airport. The adjusted safety zones establish the Compatibility Zones for the proposed UKIALUCP. The proposed UKIALUCP also considers the residential densities (dwelling units per acre) and non-residential intensities (people per acre) provided by the Handbook for each safety zone. The proposed ALUCP for Ukiah Municipal Airport also reflects the anticipated growth of the Airport for the next 20 years as required by PUC Section 21675(a). The proposed UKIALUCP is based on the 2016 FAA-approved ALP showing a future 465-foot northerly runway extension and Airport noise contours reflect an ultimate aircraft activity forecast level of 30,916 annual operations. Lastly, PUC Section 21675(c) requires an ALUC to consult with the involved agencies regarding establishment of the Airport Influence Area boundary. The proposed UKIALUCP was developed in coordination with the ALUC and its staff as well as the planning and airport staff members from the County of Mendocino and City of Ukiah. Function of the ALUCP The function of the proposed UKIALUCP is to promote compatibility between the Airport and the land uses in its vicinity to the extent that these areas have not already been devoted to incompatible uses. The plan accomplishes this function through establishment of a set of compatibility criteria applicable to new development around the Airport. Additionally, the proposed UKIALUCP serves as a tool for use by the ALUC in fulfilling its statutory duty to review plans, regulations, and other actions of local agencies and the Airport operator for consistency with the proposed UKIALUCP criteria. Neither the proposed UKIALUCP nor the ALUC have authority over existing land uses or over the operation of the Airport. Additionally, the ALUC has no authority over federal, state, or tribal lands. Except in Zone 1, the proposed UKIALUCP also would not prohibit the construction of a single-family home (or secondary dwellings allowed by state law) on a legal lot of record if the use is permitted by local land use regulations. Page 401 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 4 The County of Mendocino and City of Ukiah have land use authority over the areas within the proposed Airport Influence Area and are expected to incorporate certain criteria and procedural policies from the proposed UKIALUCP into their respective general plans and zoning ordinances to ensure that future land use development will be compatible with the long-term operation of the Ukiah Municipal Airport. These local affected agencies also have the option of overruling the ALUC in accordance with the steps defined by state law (PUC Section 21676, 21676.5, or 21677). Geographic Scope The proposed UKIALUCP defines the Airport Influence Area as lands on which the uses could be negatively affected by current or future aircraft operations at the Airport as well as lands on which the uses could negatively affect Airport usage and thus necessitate restriction on those uses. The proposed Airport Influence Area for Ukiah Municipal Airport extends approximately 3.0 miles (16,000 feet) from the ends of the Airport’s runway. The proposed Airport Influence Area encompasses land within the City of Ukiah and unincorporated areas of Mendocino County. The Airport Influence Area for the proposed UKIALUCP considers the geographic extents of four types of compatibility concerns: x Noise: Locations exposed to potentially disruptive levels of aircraft noise. x Safety: Areas where the risk of an aircraft accident poses heightened safety concerns for people and property on the ground. x Airspace Protection: Places where height and various other land use characteristics need to be restricted in order to prevent creation of physical, visual, or electronic hazards to flight within the airspace required for operation of aircraft to and from the Airport. Exhibit 1 (revised January 2021) located at the end of this document depicts the Airport Influence Area and Compatibility Zones for the proposed UKIALUCP. The proposed Airport Influence Area and Compatibility Zone boundaries consider the following compatibility factors: x Noise – Future noise contours reflecting an ultimate aircraft activity forecast level of 30,916 annual operations. The Compatibility Zones also consider the CalFire noise contours representing a typical fire event day with 44 departures and 44 arrivals split evenly between Runways 15 and 33. Aircraft type modeled is the Grumman S-2 Tracker (S-2T). o Safety – Generic safety zones provided in the 2011 Handbook are applied to the existing and future runway configurations in the manner listed below. The adjusted safety zones define Compatibility Zones 1 through 6 for the proposed UKIALUCP.Runway 15/33: Safety zones for a medium general aviation runway (length 4,000 feet to 5,999 feet) are applied to the existing (4,423-foot) and future (4,888-foot) runway configurations. o Runway Protection Zone (RPZ): Safety Zone 1 is based on the existing and future RPZs reflected in the 2016 ALP. Safety Zone 1* beyond each runway end encompasses the outer 112 feet of the RPZ associated with a 5,000-foot runway length extended either to the north or south. Page 402 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 5 o North Side Traffic Pattern: Although a future northerly extension of Runway 15 is proposed in the 2016 ALP, the landing threshold will be conterminous with the existing runway end. As such, Zone 2 is based on the existing runway configuration. Zone 4 is enlarged to include the northly portion of Zone 2 for the future runway configuration. o East Side Traffic Pattern: Consistent with state guidance, safety zones on the west side of the Airport have been adjusted to reflect the Airport’s single-sided traffic pattern on the east side of the Airport, which is necessitated by high terrain located to the west. Accordingly, Zone 3 is truncated, and Zone 6 is omitted. o Southern Traffic Pattern: Safety zones south of the approach end of Runway 33 are angled 5 degrees to the east to reflect the common practice used by pilots whereby flight routes align with Highway 101 when departing to the south or on approach to Runway 33. x Overflight – Primary traffic patterns reflecting where aircraft operating at the Airport routinely fly. x Airspace Protection – Outer boundary of the Obstruction Surfaces as defined by Code of Federal Regulation (CFR) Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace. Surfaces associated with both the existing and future runway configurations are depicted. The Outer Conical Surface defines the Airport Influence Area for the proposed UKIALUCP. Exhibit 2 defines the Airport Protection Surfaces for the Ukiah Municipal Airport. Exhibits 1 (revised January 2021) and 2, which present the policy maps for the proposed UKIALUCP, define the areas subject to the proposed UKIALUCP policies and criteria. The proposed Airport Influence Area constitutes the Referral Area within which certain land use actions and Airport actions are subject to ALUC review for a consistency determination with the proposed UKIALUCP. The proposed Compatibility Zones define the areas within which land use restrictions may be necessary to maintain airport land use compatibility. Exhibit 3 compares the Airport Influence Area and Compatibility Zones in the current MCACLUP with those of the proposed UKIALUCP. Exhibits 5 and 6 depict the proposed compatibility zones with the City’s and County’s land use designations. Exhibits 3 through 6 also identify the areas that would experience increased restrictions under the proposed UKIALUCP compared to the current MCACLUP. Exhibit 4 provides details as to the type of restriction that would apply (density or intensity restrictions). As shown in Exhibit 3, the principal difference between the current MCACLUP and proposed UKIALUCP is that the zone boundaries in the current MCACLUP do not consider the Airport’s future runway length of 4,888 feet (reflecting a 465-foot northerly runway extension). The current MCACLUP also follows geographic features, such as road and parcel lines, while the proposed UKIALUCP boundaries follow the adjusted Handbook Safety Zones. Other notable differences include: x Zone 1 (north) – Modified to reflect the existing and future Runway Protection Zone specified by the FAA- approved ALP. x Zones 3 and 6 (west) – Truncated on west side to reflect one-sided traffic pattern on the east side of the Airport due to high terrain to the west. Page 403 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 6 x Zones 2 through 4 (south) – Angled 5-degrees to the east as noted above. x Zones 3 and 4 (north, City) – The Handbook recommends that compatibility criteria provide for maintaining residential densities of the underlying zoning in urban environments. As such, an Urban Overlay is established in Zones 3 and 4 north of the Airport to reflect the existing urbanized land use patterns in the City’s downtown area. The Urban Overlay allows residential densities of up to 15 units per acre in Zone 3 and 35 units per acre in Zone 4. x Zone 3 (southwest, County) – Includes an Urban Overlay in Zone 3 southwest of the Airport in unincorporated Mendocino County to reflect an existing (grandfathered) land use agreement allowing medium-density residential uses. The Urban Overlay allows residential densities of up to 15 units per acre in Zone 3. Exhibits 7A through 7D identify the seven parcels that fall within the new proposed Zone 1* under the revised UKIALUCP (Final Draft January 2021). Under the draft UKIALUCP (Public Draft July 2020), portions of these parcels could be developed under Zone 2 criteria. Under the revised UKIALUCP (Final Draft January 2021), some or all the Zone 2 development potential is removed as these areas would become part of the more restrictive Compatibility Zone 1*. However, the criteria proposed for Zone 1* are identical to those that apply to this area under the currently adopted MCACLUP (1996). 9. Surrounding Land Uses and Setting Ukiah Municipal Airport is owned and operated by the City of Ukiah and is located within the southern part of the city limits approximately 0.3 mile west of State Highway 101. Ukiah is situated within the southeastern corner of Mendocino County and is surrounded by hills to the west and south, Lake Mendocino to the northeast, and the Mayacamas Mountains to the east. Land uses near the Airport are low-to-moderate-density urban to the north and west as well as immediately to the east between the Airport and highway. The city center is located to the north of the Airport. The areas south and east are mostly in unincorporated Mendocino County and dedicated to agriculture and commercial development. The City’s sphere of influence shows future annexation to the north and west. Exhibits 5 and 6 depict the County and City land use designations within the Airport Influence Area and provide an aerial basemap to reflect existing land uses. 10. Other Public Agencies Whose Approval is Required Although input from various entities is necessary, the ALUC can adopt the proposed UKIALUCP without formal approval from any other state or local agency. However, a copy of the plan must be submitted to the Caltrans Division of Aeronautics (PUC Section 21675(d)). The Caltrans Division of Aeronautics is required by state law (PUC Section 21675(e)) to assess whether the plan addresses the matters that must be included pursuant to the statutes and to notify the ALUC of any deficiencies. The statute also requires the ALUC to establish (or revise) the Airport Influence Area boundary only after “hearing and consultation with involved agencies” (PUC Section 21675(c)). Page 404 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 7 The proposed UKIALUCP policies can be implemented only by the local jurisdictions that have authority over land use within the Airport Influence Area, which are the County of Mendocino and the City of Ukiah in this case. State statutes require an agency to make its general plan consistent with an ALUCP within 180 days of ALUC adoption or to overrule the ALUC (Government Code Section 65302.3). If a jurisdiction chooses to overrule an ALUCP, the overrule procedure requires formal findings that the jurisdiction’s action is consistent with the intent of the state airport land use compatibility planning statutes and action by a two-thirds vote of the jurisdiction’s governing body (PUC Section 21676). 11. Summary of Potential Environmental Effects In accordance with California Environmental Quality Act (CEQA), the purpose of this Initial Study is to inform decision makers and the public about the potential environmental impacts of the proposed project—the adoption and subsequent implementation of the proposed UKIALUCP—and to reduce those environmental impacts to the extent feasible. The outcome of the Initial Study is to determine what type of environmental document—a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report—is required of the proposed Project. For the purposes of this Initial Study, the following projects are considered: x Proposed Project – Adoption of the proposed UKIALUCP with the Urban Overlay and Zone 1*, x Project Alternative – Adoption of the proposed UKIALUCP without the Urban Overlay or Zone 1*, x No Project Alternative – Retainment of the current MCACLUP (i.e., proposed UKIALUCP is not adopted). The proposed UKIALUCP is regulatory in nature (PUC Section 21674, 21675, and 21675.1), and neither the project— the adoption of the proposed UKIALUCP—nor its subsequent implementation by local agencies will lead to any new development, construction, or any physical change to existing land uses or the environment. The proposed UKIALUCP does not prohibit future development in the vicinity of the Airport but rather would affect where and what type of development could occur within the Airport Influence Area. The proposed UKIALUCP seeks to guide the compatibility of future land uses by limiting the density, intensity, height, and other features of new uses to avoid potential conflicts with Airport operations and to preserve the safety of those living and working around the Airport as well as of those in flight. Therefore, the proposed UKIALUCP may indirectly influence future land use development patterns near the Airport by enabling development in some locations (to the extent that such development is consistent with local agency general plans) and constraining development in other locations. Any indirect effect that may arise from shifts in future development patterns is uncertain because potential shifts cannot be accurately predicted as to when, where, or to what extent the development may occur. The environmental impacts of such shifts or “displacement” are speculative and, therefore, are reasonably considered to be less than significant for purposes of this CEQA analysis (Title 14. California Code of Regulations, Chapter 3, Article 10, §15145). This finding of less than significant is further supported by the fact that state law (Government Code 65302.3) requires a local agency to amend its general plan and any applicable specific plan to be consistent with the ALUCP. Therefore, any conflicts identified in the Initial Study would be alleviated by the local agency amending the applicable plan to be consistent with the ALUCP or, alternatively, overruling the ALUC by adopting findings pursuant to PUC Section 21676. These actions are the responsibility and purview of the local agency, not the ALUC. Page 405 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 8 The need to analyze displacement as part of the environmental impact analysis for adoption of an ALUCP stems from a 2007 California State Supreme Court Case, Muzzy Ranch Co. v. Solano County Airport Land Use Commission.1 Among other things, in its decision in that case the court found that “…placing a ban on development in one area of a jurisdiction may have the consequence, notwithstanding existing zoning or land use planning, of displacing development to other areas of the jurisdiction.” While an ALUCP does not and need not determine where the displaced development would move to—and, indeed, ALUCs have no authority by which to make such a decision— the extent of the conflict that results in the displacement must be analyzed. Although policies in the proposed UKIALUCP would influence future land use development patterns within the Airport Influence Area, the proposed UKIALUCP would not increase levels of development above those projected within the general plans adopted by the affected local agencies. The environmental effects of development proposed in the adopted general plans have already been adequately analyzed in previously certified environmental documentation and policies and/or mitigation measures have been adopted that would reduce those environmental effects. Additionally, any future development proposals would be subject to CEQA, ensuring that potential impacts are studied, disclosed, and mitigated, as appropriate. For the reasons stated above, the proposed UKIALUCP would not result in any direct impacts to the following environmental categories: Aesthetics; Agriculture/Forestry Resources; Air Quality; Biological Resources; Cultural Resources; Geology/Soils; Greenhouse Gas Emissions; Hazards/Hazardous Materials; Hydrology/Water Quality; Mineral Resources; Noise; Recreation; Transportation/Traffic; and Utilities/Services Systems. No environmental categories would be affected by this project to the extent of having a “Potentially Significant Impact.” Four environmental impact categories, Biological Resources, Land Use and Planning, Population and Housing, and Public Services, are identified as having a “Less than Significant Impact.” Appropriate discussions are provided for other impact categories that warrant explanation. As described in Section 4, Biological Resources, the Airport Influence Area for Ukiah Municipal Airport is within the Mendocino Redwood Company Natural Community Conservation Plan (NCCP). An NCCP identifies and provides for the regional protection of plants, animals, and their habitats while allowing compatible and appropriate economic activity. Working with landowners, environmental organizations, and other interested parties, a local agency oversees the numerous activities that compose the development of an NCCP. CDFW and the U.S. Fish and Wildlife Service provide the necessary support, direction, and guidance to NCCP participants.2 The NCCP does not propose new or enhancement of existing wildlife habitat within the Airport Influence Area established by the proposed UKIALUCP. A biological resource assessment will be conducted for proposed development projects where there may be a special- status species or critical habitat on the project site. The proposed UKIALUCP does not grant development rights like a local agency’s general plan or zoning. Therefore, no conflicts exist between the NCCP and proposed UKIALUCP. As described in Section 10, the general plan policies and land use maps for the County of Mendocino and the City of Ukiah were reviewed for consistency with the proposed UKIALUCP; while no direct conflicts exist between the general 1 Muzzy Ranch Co. v. Solano County Airport Land Use Commission (2007) 41 Cal.4th 372. 2 Source: https://wildlife.ca.gov/Conservation/Planning/NCCP. Page 406 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 9 plan policies and the proposed UKIALUCP policies, the County and City will each be required to update the compatibility information contained in its respective land use plans to reflect the proposed UKIALUCP. The analysis also determined that several general plan land use designations shown in the local agencies’ zoning maps directly conflict with the proposed UKIALUCP density criteria (see Exhibits 4, 5, 6, and 8). Based on these findings, the County and City will be required to make minor changes to their respective general plan, specific plans, and/or implementing ordinances to be fully consistent with the proposed UKIALUCP or to take action to overrule the ALUC. As described in Section 14, a housing displacement analysis was conducted to determine if the County and City could satisfy their shares of the regional housing needs if the proposed UKIALUCP restricted future residential development within portions of the Airport Influence Area. The analysis found that while there was a potential for displacing future housing units within potions of the Airport Influence Area, the displacement of future housing was deemed to be less than significant because the amount of displacement was negligible, the housing units could be accommodated in other areas of the Airport Influence Area and the County and City could fulfill their obligations associated with the Regional Housing Needs Allocation. As described in Section 15, Public Services, adoption and implementation of the proposed UKIALUCP would create a temporary increase in the staff workloads of the affected local agencies as a result of the state requirement to modify local general plans for consistency with the ALUCP. However, this effect would be temporary. Over the long term, the procedural policies included in the proposed UKIALUCP are intended to simplify and clarify the ALUC project review process and thus reduce workloads for the Mendocino County ALUC and local agency planning staff members. 12. Consultation with California Native American Tribes The authority of the ALUC does not extend to state, federal, or tribal lands. Lands controlled (i.e., owned, leased, or in trust) by federal or state agencies or by Native American tribes are not subject to the provisions of the state ALUC statues or the proposed UKIALUCP. The project does not propose any new development, construction, or physical change to the environment; therefore, there will be no disturbance of land or culturally significant resources. No tribal consultation is required for this project. Page 407 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 1 REFERENCES The following references are cited in the text that follows for the Initial Study. 1. Association of Environmental Professionals. 2020 CEQA California Environmental Quality Act Statues and Guidelines, Appendix G: Environmental Checklist Form. January 1, 2019. 2. California Department of Fish and Wildlife. NCCP Plan Summary – Mendocino Redwood Company NCCP/HCP. Amended July 31, 2017. 3. City of Ukiah. Housing Element Update 2019-2027. October 2019. 4. City of Ukiah. Ukiah Municipal Airport Master Plan Report. July 1996. 5. City of Ukiah. Ukiah Municipal Airport Layout Plan (ALP). January 2016. 6. City of Ukiah. Ukiah General Plan. December 6, 1995. 7. City of Ukiah. Ukiah General Plan Map. December 16, 2004. 8. City of Ukiah. City of Ukiah Zoning Map. February 2017. 9. City of Ukiah. Ukiah Compatibility Zoning Map. July 1996. 10. County of Mendocino. Mendocino Zoning Display Map. December 5, 2018. 11. County of Mendocino. Regional Housing Needs Plan. August 2019. 12. County of Mendocino. Ukiah Valley Area Plan. August 2011. 13. Federal Aviation Administration. Airport Master Record (Form 5010). March 2019. 14. Mendocino County Airport Land Use Commission. Mendocino County Airport Comprehensive Land Use Plan. Adopted October 21, 1993 and last amended on June 6, 1996. 15. State of California Department of Transportation (Caltrans), Division of Aeronautics. California Airport Land Use Planning Handbook. October 2011. Page 408 of 550 Page 409 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ANALYSIS SUMMARY (See individual pages for details, Pg #s revised January 2021) Potentially Significant Impact Less than Significant Impact with Project Mitigation Less than Significant Impact CATEGORY Pg No Impact Comments (Also see discussion above starting on page 7, Topic 11) 1. AESTHETICS 14 No direct or indirect impacts to aesthetic resources. 2. AGRICULTURE/FORESTRY RESOURCES 15 No direct or indirect impacts to agricultural or forestry uses within the AIA or result in conversion to other uses. 3. AIR QUALITY 16 No direct or indirect impacts to air quality. 4. BIOLOGICAL RESOURCES 17 f) Airport is within the Mendocino Redwood Company Natural Community Conservation Plan Area 5. CULTURAL RESOURCES 19 No direct or indirect impacts to cultural impacts. 6. ENERGY 20 No direct or indirect impacts to energy resources. 7. GEOLOGY/SOILS 21 No direct or indirect impacts to geology, soils, or seismicity. 8. GREENHOUSE GAS EMISSIONS 22 No direct or indirect impacts to greenhouse gas emissions. 9. HAZARDS/HAZARDOUS MATERIALS 23 ALUCP limits exposure of people to aircraft accident hazards by restricting risk-sensitive uses in airport vicinity and limits the storage of hazardous materials. 10. HYDROLOGY/WATER QUALITY 25 No direct or indirect impacts to hydrology and water quality. 11. LAND USE/PLANNING 26 Minor modifications needed to local Land Use Plans 12. MINERAL RESOURCES 33 No direct or indirect impacts to mineral resources. Page 410 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 1 13. NOISE 34 ALUCP limits exposure of people to noise but does not regulate aircraft operations 14. POPULATION/HOUSING 36 Potential exists for displacement of housing units 15. PUBLIC SERVICES 40 Negligible effect on special districts, school districts, and community college districts as well as government staff workloads 16. RECREATION 41 No direct or indirect impacts to recreation. 17. TRANSPORTATION/TRAFFIC 42 No direct or indirect impacts to on-ground transportation and traffic. Adoption and implementation of proposed UKIALUCP will not result in changes to air traffic patterns. 18. TRIBAL CULTURAL RESOURCES 43 No direct or indirect impacts to tribal cultural resources. 19. UTILITIES/SERVICE SYSTEMS 44 No direct or indirect impacts to utilities and service systems. 20. WILDFIRE 45 No direct or indirect impairment to an adopted emergency response or evacuation plan, exacerbation of wildfire risks, or exposing of people or structures to significant risks. 21. MANDATORY FINDINGS OF SIGNIFICANCE 46 No cumulative impacts Page 411 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 1 ENVIRONMENTAL CHECKLIST 1. Aesthetics Except as provided in Public Resources Code Section 21099. Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would adversely affect daytime or nighttime views in the area? Discussion a - d): See Summary of Potential Environmental Effects (No. 11 on page 7). The Mendocino County General Plan and the City of Ukiah General Plan indicate that Mendocino County encompasses an outstanding variety of natural vistas, landscapes, water resources, and Scenic Byways. Although the Plans provide lists and maps of known scenic resources, the Plans indicate that the policies and actions pertain to all scenic resources, not just those that are listed and mapped. No mapped resources are contained within the proposed Airport Influence Area for Ukiah Municipal Airport. The proposed UKIALUCP is regulatory in nature; it does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to aesthetic resources. Mitigation None required. Page 412 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 1 2. Agriculture and Forestry Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project, and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined in Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? Discussion a - e): See Summary of Potential Environmental Effects (No. 11 on page 7). The Mendocino County General Plan and the City of Ukiah General Plan indicates that the eastern portions of the proposed Airport Influence Area include prime farmland and farmland of statewide importance. ALUCP Policy 3.1.4, Land Use Conversion, encourages preservation of existing agricultural and open spaces. Additionally, the proposed UKIALUCP is regulatory. It does not provide for any physical change to the environment that would directly or indirectly conflict with agricultural or forestry use within the proposed Airport Influence Area or result in their conversion to other uses. Page 413 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 1 Mitigation None required. Page 414 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 1 3. Air Quality Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Discussion a - d): See Summary of Potential Environmental Effects (No. 11 on page 7). Mendocino County lies within the North Coast Air Basin and air quality is locally regulated by the Mendocino County Air Quality Management District. Both the Mendocino County General Plan and City of Ukiah General Plan include policies ensuring that development proposals adhere to federal, state, and district requirements. Although the proposed Airport Influence Area has the potential to contain a wide variety of sensitive receptors, both known and unknown, the proposed UKIALUCP is regulatory in nature. Therefore, it does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to air quality. Mitigation None required. Page 415 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 1 4. Biological Resources Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion a - e): See Summary of Potential Environmental Effects (No. 11 on page 7). The Mendocino County General Plan and City of Ukiah General Plan indicate known locations of special status species (plant and animal) and sensitive habitats within the proposed Airport Influence Area. Therefore, the proposed Airport Influence Area has the potential to contain a wide variety of biological resources, both known and unknown. The proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to biological resources. f): The proposed Airport Influence Area encompasses lands within the Airport and is within the Mendocino Redwood Company Natural Community Conservation Plan (NCCP). This plan, which is being coordinated by the Mendocino Page 416 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 1 Redwood Company, identifies and provides for the regional protection of plants, animals, and their habitats while allowing compatible and appropriate economic activity. Working with landowners, environmental organizations, and other interested parties, a local agency oversees the numerous activities that compose the development of an NCCP. CDFW and the U.S. Fish and Wildlife Service provide the necessary support, direction, and guidance to NCCP participants. The proposed UKIALUCP would prohibit creating or enhancing existing wildlife habitat areas within the proposed Airport Influence Area if the habitat would attract hazardous wildlife to the Airport environs (e.g., birds). This proposed UKIALUCP prohibition could potentially conflict with the NCCP objectives. For example, under the proposed UKIALUCP, new development projects proposed within the Airport Influence Area would be precluded from providing “on-site” restoration of habitat areas. However, the proposed UKIALUCP would allow new development projects to mitigate their impacts through off-site habitat restoration, clustering development, and/or project design. The proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly conflict with the provisions of the NCCP. Additionally, potential indirect conflicts are deemed to be less than significant as the proposed UKIALUCP would enable achievement of the NCCP objectives of protecting natural resources in areas outside of the Airport Influence Area. Mitigation None required. Page 417 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 2 5. Cultural Resources Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Disturb any human remains, including those interred outside of formal cemeteries? Discussion a - c): See Summary of Potential Environmental Effects (No. 11 on page 7). Cultural resources in Mendocino County include archaeological resources, historic resources, and cultural resources related to Native Americans. The proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to cultural resources. Mitigation None required. Page 418 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 2 6. Energy Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Discussion a - b): See Summary of Potential Environmental Effects (No. 11 on page 7). Renewable energy plants are incompatible in Zones 1 through 3 but are conditionally compatible in Zones 4 through 6 if the site outside the zone would not serve intended public function. All facilities and associated power lines must meet airspace protection criteria (i.e. height, thermal plumes, glare, etc.). The proposed UKIALUCP establishes restrictions and FAA notification requirements of proposed objects and height limits of objects near airports. Boundaries of the FAA notification area for the Airport are depicted on Exhibit 2, Airspace Protection Zone. Wind energy systems are not compatible in the vicinity of an airport if they are prohibited by a comprehensive land use plan or any implementing regulations adopted by the ALUC. The proposed UKIALUCP provides guidance on risk-sensitive uses (uses that potentially pose safety concerns regardless of the number of people present, hazardous materials, and community critical infrastructure) that could have a community-wide impact. The proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to energy resources. Mitigation None required. Page 419 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 2 7. Geology and Soils Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Discussion a - f): See Summary of Potential Environmental Effects (No. 11 on page 7). The proposed Airport Influence Area has the potential to contain a wide variety of geology, soils, or seismicity, both known and unknown. However, the proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to geology, soils, or seismicity. Mitigation None required. Page 420 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 2 8. Greenhouse Gas Emissions Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Discussion a - b): See Summary of Potential Environmental Effects (No. 11 on page 7). The Mendocino County General Plan and City of Ukiah General Plan includes policies addressing atmosphere and climate change. The Mendocino County General Plan and City of Ukiah General Plan indicate that the City maintains a Climate Action Plan that identifies programs and actions to reduce greenhouse gas emissions to meet the Council’s greenhouse gas reduction goal. Nevertheless, the proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to greenhouse gas emissions. Mitigation None required. Page 421 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 2 9. Hazards and Hazardous Materials Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section §65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion a – d, f – g): See Summary of Potential Environmental Effects (No. 11 on page 7). The proposed UKIALUCP includes land use compatibility policies that prohibit or restrict land uses that manufacture, process and/or store bulk quantities of hazardous materials within the proposed Airport Influence Area. Nevertheless, the proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in creating a significant hazard to the public or the environment. Page 422 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 2 e): Pursuant to the State Aeronautics Act, the purpose of the proposed UKIALUCP is to minimize the public’s exposure to excessive noise and safety hazards within the Airport vicinity. Therefore, adoption and implementation of the proposed UKIALUCP would have a beneficial impact by restricting development that would expose people within the Airport Influence Area to Airport-related safety hazards including aircraft accidents. The proposed UKIALUCP uses the aircraft accident risk data and safety compatibility concepts provided in the California Airport Land Use Planning Handbook (Caltrans, 2011) to establish Airport land use compatibility zones to include areas exposed to significant safety hazards. The proposed UKIALUCP also establishes safety criteria and policies that limit concentrations of people within the compatibility zones. The purpose of the policies is to minimize the risks and potential consequences associated with an off-Airport aircraft accident or emergency landing. The policies consider the risks both to people and property in the vicinity of the Airport and to people on board the aircraft. The risks of an aircraft accident occurrence are further reduced by airspace protection policies that limit the height of structures, trees, and other objects that might penetrate the Airport’s airspace as defined by Federal Aviation Regulations (FAR), Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace. The airspace protection policies also restrict land use features that may generate other hazards to flight such as visual hazards (i.e., smoke, dust, steam, etc.), electronic hazards that may disrupt aircraft communications or navigation, and wildlife hazards (i.e., uses which would attract hazardous wildlife to Airport environs). Therefore, no impact is anticipated as a result of the adoption and implementation of the proposed UKIALUCP. Mitigation None required. Page 423 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 2 10. Hydrology and Water Quality Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of a site or area, including through the alteration of the course of a stream or river, in a manner that would: i) result in a substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? iv) Impede or redirect flood flows? j) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? k) Conflict with or obstruct implementation of a water quality control plan or sustainable ground water management plan? Discussion a - k): See Summary of Potential Environmental Effects (No. 11 on page 7). The Mendocino County General Plan and City of Ukiah General Plan include policies aimed at protecting the quantity and quality of water for public health and aquatic life. The most critical surface water quality problem in Mendocino County is sedimentation—the carrying of dust and soils into bodies of water. Major sources of sediment include erosion from barren or poorly vegetated soils, erosion from the toes of slides along stream channels, and sediments from roads. Goals RM-2 and RM-3 of the County’s General Plan seek to protect and enhance water resources and quality. At the same time, Policies RM- 19:RM-23 speak to the County’s Water Quality policies, some of which overlap with the City of Ukiah especially as it concerns the integration of storm water best management practices. Nevertheless, the proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to hydrology and water quality. Mitigation None required. Page 424 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 2 11. Land Use and Planning Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Physically divide an established community? b) Cause a significant environmental impact due to conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Discussion a): See Summary of Potential Environmental Effects (No. 11 on page 7). The proposed ALUCP is regulatory in nature; it does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in physically dividing an established community. State law (Government Code Section 65302.3) requires each local agency having jurisdiction over land uses within an ALUC’s planning area, also referred to as the Airport Influence Area, to modify its general plan and any affected specific plans to be consistent with the ALUCP. The law says that the local agency must take this action within 180 days of ALUCP adoption or amendment. The only other course of action available to local agencies is to overrule the ALUC by, among other things, a two-thirds vote of its governing body after making findings that the agency’s plans are consistent with the intent of state airport land use planning statutes (PUC Section 21676(b)). A general plan does not need to be identical with an ALUCP in order to be consistent with it. To meet the consistency test, a general plan must do two things: 1. It must specifically address compatibility planning issues, either directly or through reference to a zoning ordinance or other policy document; and 2. It must avoid direct conflicts with compatibility planning criteria. With regard to the proposed UKIALUCP, the County of Mendocino and the City of Ukiah are the only two general purpose government entities having land use jurisdiction in the proposed Ukiah Municipal Airport Influence Area. As such, once the proposed UKIALUCP is adopted by the ALUC, these agencies will be required to amend their general plans and/or implementing ordinances to be consistent with the proposed UKIALUCP or to take action to overrule the ALUC. The general plan consistency review detailed below focuses on two types of inconsistencies: 1. Adopted general plan policies pertaining to airport land use compatibility planning that either directly conflict or need to be amended to reflect changes in the proposed UKIALUCP policies and maps; and 2. Land use designations provided in the adopted general plan land use map or zoning map that may conflict with the proposed UKIALUCP criteria. Page 425 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 2 General Plan Policies The Mendocino County General Plan includes policies addressing airport land use compatibility. The policies direct the County to consider and be consistent with the 1996 MCACLUP when making General Plan and Zoning decisions. The County also implements an Airport Compatibility Overlay Zone that identifies land within unincorporated Mendocino County where additional requirements apply to ensure compatibility of land uses and development with nearby airport operations. The Airport Compatibility Overlay Zone coincides with the Airport Influence Area designated by the Mendocino County ALUC in its 1996 MCACLUP. The Ukiah General Plan includes policies and actions pertaining to airport land use compatibility. The policies in the Land Use element call for establishing airport overlay zoning districts that closely mirror the safety, noise, and compatibility standards in the 1996 MCACLUP as a means of reducing land use conflicts near the airport. The City’s zoning code establishes two airport-overlay zoning districts. The Airport Environs (AE) overlay district regulates land uses that may affect navigable airspace consistent with 14CFR Part 77. The Airport Operations (AO) overlay zone regulates land uses in the vicinity of the airport consistent with the 1996 MCACLUP. Table A below summarizes the existing land use compatibility measures established by the County of Mendocino and City of Ukiah. Page 426 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 2 Established Compatibility Measures ƒ Mendocino County General Plan (Adopted August 2009) x Policy DE-165: Improve airport facilities and encourage economic development and uses that support airport viability. x Policy DE-166: Land use decisions and development should be carried out in a manner that will reduce aviation-related hazards (including hazards to aircraft, and hazards posed by aircraft). This could be accomplished through a variety of measures, including the following: maintaining compatible zoning, land uses, densities, and intensities within airport influence zones; protecting the viability of existing airport operations and expansion potential. x Policy DE-167: Development in air traffic patterns, corridors, and airport influence zones shall be consistent with the Mendocino County Airport Comprehensive Land Use Plan and California Division of Aeronautics and Federal Aviation Administration regulations. x Action Item DE-167.1: Update the Airport Comprehensive Land Use Plan when changes in the aviation sector or airport use warrant a revision of land use restrictions. ƒ City of Ukiah General Plan (Adopted December 6, 1995) x Goal AE-1: Promote the airport for the community’s benefit both now and in the future x Policy AE-1.1: Recognize that the airport’s vitality and growth help achieve the General Plan Vision. x Goal AE-2: Provide for long-term viability of the airport. x Policy AE-2.1: Define the long-term growth boundaries for the airport. x Goal AE-3: Establish uniform ordinances and regulations for land use in the airport’s core and peripheral overlay zones. x Policy AE-3.1: Work with the County to develop a similar or duplicate implementing code for development in and around the airport. x Policy AE-3.2: Promote acceptable land uses for both city and county zones in the core and peripheral zone areas. x Goal AE-4: Promote a “good neighbor policy” by the airport and its users. x Policy AE-4.1: Develop a Noise Control program. x Policy AE-4.2: Identify common noise levels in and around the airport to identify “airport -specific” noise. ƒ Ukiah Valley Area Plan, Section 3, Land Use and Community Development (Adopted by Mendocino County August 2, 2011) x Goal LU2: Promote compatible land uses adjacent to important transportation facilities and protect against incompatible ones. x Policy LU 2.1: Define acceptable standards for development in the vicinity of the airport. x Policy LU 2.1a: Clear Zone: Prohibit development in the clear zone as defined in the Ukiah Municipal Airport Master Plan. x Policy LU 2.1b: Compatibility Guidelines: Only allow development within each airport zone that conforms to the height, use, and intensity specified in the land use compatibility table of the ACLUP. As airports evolve and fuel prices change, collaborate with the City of Ukiah, the County Airport Land Use Commission, and Caltrans Aeronautics to reassess compatibility issues. ƒ Ukiah Valley Area Plan, Section 5, Circulation and Transportation (Adopted by Mendocino County August 2, 2011) x Goal CT1: Provide for efficient and safe circulation networks throughout the Ukiah Valley. x Policy CT1.1: Promote the development of an integrated transportation corridor through the Valley x Policy CT1.1a Identification of Integrated Transportation Corridor: work with local and regional agencies to define and develop an integrated transportation corridor. The integrated transportation corridor shall encompass U.S. Highway 101; major thoroughfares; and rail, air, and public transportation to proactively manage travel demand by identifying underutilized capacity in the corridor and shift travel demand accordingly. Source: Data Compiled by Mead & Hunt (March 2020) Table A General Plan Policies County of Mendocino and City of Ukiah Page 427 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 3 General Plan Policy - Findings Compared to the Ukiah Municipal Airport section of the current MCACLUP, the proposed UKIALUCP includes changes to the shape and size of the Compatibility Zones as well as the compatibility criteria applicable within each Compatibility Zone consistent with statewide compatibility guidance. In accordance with Government Code Section 65302.3, these changes will require both the County and City to amend their respective land use planning documents (i.e., General Plans and Overlay Zoning Districts) to be consistent with the proposed UKIALUCP or take steps to overrule the ALUC. This step will be necessary as confirmation that the County and City intend to adhere to the proposed UKIALUCP compatibility criteria rather than those in the current MCACLUP. To attain consistency with the proposed UKIALUCP, the general plans need only reference the proposed UKIALUCP by name and date. Additionally, the County and City airport-related overlay zoning districts and zone boundaries will need to be amended to specifically reflect the Airport Influence Area, Compatibility Zones, and criteria of the proposed UKIALUCP once adopted by the Mendocino County ALUC. Land Use Designations To achieve general plan consistency with the proposed UKIALUCP, there should be no direct conflicts between planned land uses in the local jurisdictions’ general plan maps and the proposed UKIALUCP criteria. Existing land uses that may conflict can remain, as can general plan land use designations that reflect them, as the Mendocino County ALUC has no authority over existing land uses. The proposed UKIALUCP compatibility zones and criteria are the primary policy instruments used in determining if the general plan’s land use designations are consistent with the proposed UKIALUCP. Land Use Designations – Evaluation As described above, the proposed UKIALUCP includes extending the Airport Influence Area to the north by 465-feet to reflect the future runway extension shown in the FAA-adopted Ukiah Municipal Airport Layout Plan. Additionally, the proposed UKIALUCP proposes changes to the shape and size of the UKI Compatibility Zones from those in the current MCACLUP based on current statewide compatibility guidance. Exhibit 3 compares the Compatibility Zones from the 1996 MCACLUP with those of the proposed UKIALUCP. The areas where the proposed UKIALUCP would impose greater restrictions on future land uses compared to the current MCACLUP are identified in red. Exhibit 5 tabulates the degree to which the proposed UKIALUCP density (dwelling units per acre) and intensity (people per acre) criteria are more stringent than those of the current MCACLUP. For example, within the current MCACLUP Zone B2, the density limit is 0.5 dwelling units per acre (2-acre lots) with infill development allowed in the City of Ukiah of up to 28 dwelling units per acre. The proposed UKIALUCP limits residential densities in the corresponding zone to a maximum of 0.1 dwelling units (10-acre lots) and does not include a provision for infill development. As such, within the unincorporated portions of the County, future residential densities would be reduced from 0.5 dwelling units per acre (2-acre lots) down to 0.1 dwelling units per acre (10-acre lots) to maintain consistency with the proposed UKIALUCP. Within the incorporated portions of the City of Ukiah, residential densities would be reduced from 28 dwelling units per acre to 0.1 dwelling units per acre (10-acre lots). Page 428 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 3 Exhibit 5 also identifies where the proposed UKIALUCP restrictions are less stringent than those of the current MCACLUP. For example, within Zones 3 and 4, the proposed UKIALUCP provides an Urban Overlay Zone allowing residential densities of up to 15 dwelling units per acre in Zone 3 and 35 dwelling units per acre in Zone 4. The following consistency evaluations were conducted to identify potential conflicts between the proposed UKIALUCP and local general plan land use designations: 1. Nonresidential Uses – A qualitative assessment is conducted to determine the degree to which the proposed UKIALUCP would restrict future nonresidential land use development within the proposed Airport Influence Area. The assessment focuses on where the proposed UKIALUCP intensity criteria (people per acre) are either more stringent or less stringent than the intensity criteria of the current MCACLUP. 2. Residential Uses – The assessment compares the density (dwelling units per acre) criteria of the proposed UKIALUCP with the density limits provided under the County’s and City’s zoning classifications. Nonresidential Land Use Evaluation Exhibit 5 identifies the zones wherein the intensity criteria of the proposed UKIALUCP are more restrictive than the current MCACLUP criteria (e.g., portions of Zones 1, 2, 3, and 6). In these areas, future nonresidential development may be prohibited or restricted to ensure that the proposed land use complies with the intensity criteria of the proposed UKIALUCP. Exhibit 5 also indicates where the proposed UKIALUCP intensity criteria are less stringent than the current MCACLUP (e.g., portions of Zones 2, 3, 4, 5, and 6). Under the current MCACLUP, for example, the intensity limit within portions of Zone A* located off-airport allows an average of 10.0 people per acre. Under the proposed UKIALUCP, where Zone A* falls within Zone 1, all nonresidential development would be prohibited, and only structures and facilities required for aeronautical purposes would be allowed. Most of Zone 1 falls within the airport property boundary; therefore, no conflict would result. However, two City zoning classifications fall within the outer portions of Zone 1 that are not owned by the Airport: Manufacturing and Community Commercial. These affected properties would be precluded from erecting nonaeronautical structures or permitting outdoor activities allowing assemblages of people. Although displacement of nonresidential development could occur in Zone 1, as well as in portions of Zones 2, 3, and 6, these uses could be accommodated elsewhere within the proposed Airport Influence Area provided that these uses can satisfy the relaxed intensity criteria provided in the proposed UKIALUCP. For this reason, the potential displacement of nonresidential uses is deemed to be less than significant. Although relaxation of the proposed UKIALUCP intensity criteria within certain compatibility zones would result in less conflicts between local general plans and the proposed UKIALUCP, this circumstance also has the potential to induce growth within those portions of the proposed Airport Influence Area as it would relax the intensity criteria of the County’s and City’s airport-related overlay zoning districts. Nevertheless, this growth-inducing potential under the proposed UKIALUCP would not increase levels of development above those projected within the County’s and City’s respective general plans. As a result, this circumstance is deemed to be less than significant. Page 429 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 3 Exhibits 7A through 7D identify the seven parcels that fall within the newly proposed Zone 1* of the revised UKIALUCP (Final Draft Apil 2021): 5 parcels in the City of Ukiah (North) and 2 parcels in unincorporated Mendocino County (South). Five parcels are developed and two are vacant. Under the draft UKIALUCP (Public Draft July 2020), portions of these parcels could be developed under Zone 2 criteria. Under the revised UKIALUCP (Final Draft January 2021), some or all the Zone 2 development potential is removed as these areas would become part of the more restrictive Compatibility Zone 1*. Although these parcels have reduced development potential under the Final Draft 2021 UKIALUCP compared to the Public Draft 2020 UKIALUCP, the redevelopment potential within the remaining areas that will now be in Compatibility Zone 2 is still greater than that provided under Zone A* of the currently in effect 1996 MACLUP. Lastly, since land use restrictions are identical between 1996 MACLUP Zone A* and Final Draft 2021 UKIALUCP Zone 1*, no theoretical displacement would occur. Therefore, the impact to parcels underlying Zone 1* is deemed to be less than significant. Residential Land Use Conflicts To identify potential conflicts with the proposed UKIALUCP, the proposed Compatibility Zones were overlaid onto the general plan land use maps for the County of Mendocino (Exhibit 6) and the City of Ukiah (Exhibit 4). The compatibility zones that could potentially prohibit or restrict future residential densities (dwelling units per acre) were compared to the allowable densities provided in the local agencies’ zoning classifications. A conflict would arise if the general plan residential densities exceed the proposed UKIALUCP density criteria. Resolving these land use conflicts can necessitate changes to future land use development patterns by shifting or “displacing” the location of that development to less restrictive areas of the proposed Airport Influence Area or to other parts of the community where there are no proposed UKIALUCP restrictions. Displacement involves changes to the patterns of land use development that has not yet occurred. The proposed UKIALUCP has no effect on existing land uses; therefore, no displacement of existing development would occur as a result of adoption of the proposed UKIALUCP. Exhibit 4 identifies the compatibility zones wherein the proposed UKIALUCP establishes more stringent density restrictions on residential uses compared to the current MCACLUP (e.g., portions of Zones 2, 3, and 4). Exhibits 8a and 8b in Section 14, Population and Housing, identify the zoning classifications permitting residential uses. The analysis compares the residential densities (dwelling units per acre) permitted under local zoning classifications with the density limits established in the proposed UKIALUCP. Where the densities of the zoning classification exceeds the proposed UKIALUCP density criteria (i.e., allow more future residential units than would be permitted under the proposed UKIALUCP), the number of housing units that could not be accommodated within portions of the proposed Airport Influence Area (i.e., displaced) is quantified. A positive number represents the theoretic displacement of housing units and a conflict between local land use plans and the proposed UKIALUCP. A negative number indicates that the proposed UKIALUCP applies less stringent restrictions on residential densities than County and City zoning and indicates no conflicts between these plans. As indicated in Exhibits 8a and 8b, certain zoning classifications conflict with several of the proposed UKIALUCP density criteria resulting in a potential displacement of future housing units. However, as indicated in Section 14, Population and Housing, the theoretic displacement of future housing is anticipated to be less than significant as areas inside and outside of the proposed Airport Influence Area are anticipated to be able to accommodate the Page 430 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 3 theoretic displacement. As such, this theoretic displacement potential would not affect the County’s or City’s ability to fulfill its obligations associated with the Regional Housing Needs Allocation numbers established by the California Department of Housing and Community Development. For the areas where the proposed UKIALUCP would relax the density criteria, there could be the potential for the proposed UKIALUCP to induce growth within certain portions of the proposed Airport Influence Area as it would relax the density criteria of the County’s and City’s airport-related overlay zoning district. However, this growth-inducing potential under the proposed UKIALUCP would not increase levels of development above those projected within the general plans adopted by the affected local agencies. Additionally, the airport-related overlay zoning districts, once amended to be consistent with the proposed UKIALUCP, are anticipated to remove all potential conflicts between the primary zoning district (or general plan land use designation) and the proposed UKIALUCP. Therefore, no changes to the general plan land use maps are required. Mitigation None Required. Page 431 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 3 12. Mineral Resources Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Discussion a - b): See Summary of Potential Environmental Effects (No. 11 on page 7). The Mendocino County General Plan and City of Ukiah General Plan designates lands rich in mineral resources that are of regional and statewide significance. No “Mineral Resource Zones” are located within the proposed Airport Influence Area. Additionally, the proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to mineral resources. Mitigation None required. Page 432 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 3 13. Noise Would the proposed project result in: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the area to excessive noise levels? f) For a project located in the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Discussion a – e): See Summary of Potential Environmental Effects (No. 11 on page 7). The proposed Airport Influence Area has the potential to contain a wide variety of noise sensitive receptors, both known and unknown. However, the proposed UKIALUCP is regulatory in nature; it does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in exposing persons to noise or generating noise. Pursuant to the State Aeronautics Act, the purpose of the ALUCP is to minimize the public’s exposure to aircraft noise within the Airport vicinity. Therefore, adoption and implementation of the proposed UKIALUCP would not generate new sources of aviation-related noise or expose people residing and working in the vicinity of the Airport to excessive noise. Airport-related noise and its impacts on land uses were considered in the development of the proposed UKIALUCP. The 1996 Airport Master Plan’s forecast projected some 57,000 annual operations. The forecast of 30,916 annual Page 433 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 3 operations, developed for the purposes of the proposed UKIALUCP, is based on the current annual operations of 15,458 according to the FAA 5010 Airport Master Record. Of the 15,458 annual operations, approximately 887 are CalFire operations. Currently, there are an average of 42 operations daily. The forecast noise contours are described in terms of the Community Noise Equivalent Level (CNEL), the metric adopted by the State of California for land use planning purposes. In accordance with PUC Section 21675(a), the Airport forecast noise contours cover the requisite 20-year planning timeframe and represent 30,916 future annual aircraft operations. The ALUCP does not regulate the operation of aircraft or the noise produced by that activity. State law (PUC Section 21674(e)) explicitly denies the ALUC authority over such matters. The Airport noise contours are one of four compatibility factors used to establish the compatibility zones for the proposed UKIALUCP. The ALUCP establishes criteria that reduce the potential exposure of people to excessive aircraft-related noise by limiting residential densities (dwelling units per acre), establishing interior noise level limits, and restricting other noise-sensitive land uses in locations exposed to noise levels in excess of 60 dB CNEL. Thus, adoption of the proposed UKIALUCP would not expose people residing or working in the area to excessive noise levels. Mitigation None required. Page 434 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 3 14. Population and Housing Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacem ent housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Discussion a) As noted in Section 11, Land Use and Planning, the proposed UKIALUCP includes less stringent intensity and density criteria in one or more compatibility zones. Although relaxing the proposed UKIALUCP criteria could potentially induce population growth within certain portions of the Airport Influence Area, the proposed UKIALUCP would not increase levels of development above those projected within the general plans adopted by the affected local agencies. The environmental effects of development proposed in the adopted general plans have already been adequately analyzed in previously certified environmental documentation and policies and/or mitigation measures have been adopted that would reduce those environmental effects. Additionally, any future development proposals or general plan/zoning amendments would be subject to CEQA, ensuring that potential impacts are studied, disclosed, and mitigated as appropriate. Potential Displacement of Future Housing Jurisdictions are mandated by state law to accommodate their share of the regional housing needs (Government Code Section 65580). State law also requires jurisdictions to amend their respective general plans to be consistent with the ALUCP or to take special steps to overrule the ALUC (Public Utilities Code Section 21676(a)). Modifying a general plan for consistency with the ALUCP has the potential to restrict a jurisdiction’s ability to satisfy its share of the regional housing needs, as an ALUCP may preclude or limit the future development of housing units within portions of the Airport Influence Area. Impact Analysis To address potential impacts to the County’s and City’s future housing resources, an analysis was conducted to determine the amount of developable residential acreage and the number of future dwelling units that could be potentially precluded from portions of the Airport Influence Area. The analysis compares the residential densities (dwelling units per acre) permitted under local general plans with the density limits established in the proposed Page 435 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 3 UKIALUCP. Where the general plan densities exceed the proposed UKIALUCP density criteria (i.e., allow more future residential units than would be permitted under the proposed UKIALUCP), the number of housing units that could not be accommodated within portions of the Airport Influence Area (i.e., displaced) is quantified. As noted in Section 11, Land Use and Planning (see page 26), several planned residential land use designations associated with the County’s and City’s respective general plans are potentially impacted by the proposed UKIALUCP. The purpose of this analysis is to determine whether the proposed UKIALUCP could impact the ability of the County of Mendocino or City of Ukiah in meeting its respective share of the Regional Housing Need Allocation (RHNA) as established by the California Department of Housing and Community Development (HCD). The displacement analysis is summarized in Exhibits 8a and 8b. The analysis is done on a community-wide (zone-by- zone) basis and does not reflect where an individual parcel may lose its development potential or where another parcel may gain a density increase (parcel-by-parcel assessment). The displacement analysis considers three project alternatives: x Proposed Project – Adoption of the proposed UKIALUCP, which includes the Urban Overlay in Zones 3 and 4 (north) in the City of Ukiah and Zone 3 (southwest) in unincorporated Mendocino County. x Project Alternative – Adoption of the proposed UKIALUCP without the Urban Overlay Zone. x No Project Alternative – No adoption of the proposed UKIALUCP and continuance of the current MCACLUP. The analysis begins with identifying zoning designations allowing residential uses within the proposed UKIALUCP Compatibility Zones. Based on the number of acres of each land use type found within the proposed Compatibility Zone, the allowable density is calculated to determine the total number of dwelling units allowed under the following plans: x County’s and City’s zoning classifications, x Proposed Project (UKIALUCP with Urban Overlay), x Project Alternative (no Urban Overlay), and x No Project Alternative (continuation of current MCACLUP). The potential displacement is calculated by comparing the allowable density under the three project scenarios with the allowable density provided by the County and City zoning classifications. In Exhibits 8a and 8b, a positive number represents the theoretic displacement of housing units; a negative number indicates that the proposed UKIALUCP applies less stringent restrictions on residential densities than County and City zoning. If the proposed Project results in a theoretic displacement, the number is compared with the No Project Alternative to determine if the proposed UKIALUCP is more stringent than the current MCACLUP that currently guides land use development decision within the airport environs. The results documented in Exhibits 8a and 8b indicate the following: x In most instances, the proposed Project does not result in residential displacement. x The proposed Project is the least restrictive on residential development compared to the Project Alternative (no Urban Overlay Zone) and No Project Alternative (current MCACLUP). x Potential displacement is concentrated in: Page 436 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 3 o Zone 2 (south) in unincorporated Mendocino County and accounts for a theoretic displacement of 41 units; and o Zones 2 and 3 (north) in the City of Ukiah accounts for a theoretic displacement of 170 units. The County’s and City’s ability to meet its respective RHNA is described below. County of Mendocino The County of Mendocino’s current Housing Element (2019-2027) was adopted August 2018. The adopted Housing Element indicates that the County’s Regional Housing Need Allocation (RHNA) is 1,845 units by 2027. The adopted Housing Element indicates that the current number of Occupied Household Units is 34,870 and the Projected Household Units is 36,715 by 2027 (an increase of 1,845 units). As stated in the adopted Housing Element, there is a significant amount of vacant land given the rural nature of Mendocino County. However, substantial proportions of vacant or underutilized lands surrounding the City of Ukiah, which are deemed most conducive for higher density residential development, are located either in a flood zone, airport zone, or situated near a fault zone. Based on the displacement calculations summarized in Exhibit 8a, the theoretic displacement of up to 41 units represents a less than significant amount for the following reasons: x Under the County’s General Plan, a total of 1,229 units (existing and future) can be accommodated within the unincorporated portions of the proposed Airport Influence Area. Although residential development exists, undeveloped areas remain available for future residential housing and could accommodate the theoretic displacement of 41 units. x Under the proposed UKIALUCP, a total of 4,667 total units (existing and future) could be allowed within certain areas of the proposed Airport Influence Area. If prudent, there could be opportunities for the County to change local zoning to allow increased residential development in certain areas of the proposed Airport Influence Area to accommodate additional residential development. For these reasons, unincorporated areas of the County, both inside and outside of the proposed Airport Influence Area, are anticipated to be able to accommodate the theoretic displacement of up to 41 units. As such, this theoretic displacement potential would not affect the County’s ability to fulfill its obligations associated with the RHNA. City of Ukiah The City of Ukiah’s current Housing Element (2019-2027) was adopted October 2019 and certified by HCD in December 2019. The adopted Housing Element indicates that the City’s RHNA is 239 units within the 2019-2027 planning cycle. The adopted Housing Element indicates current Household Units is 6,572 (2018) and also indicates the Projected Household Units is 6,811, reflecting an increase of 239 units. The adopted Housing Element also indicates that the City has 161 vacant units suitable for low-income and very low-income groups and 165 vacant units suitable for moderate and above moderate-income groups (326 total units). The theoretic displacement of up to 170 units can be accommodated by the City’s available vacant housing stock. Also, as indicated in Exhibit 8b, the General Plan allows a total of 16,442 units (existing and future) within the incorporated areas of the proposed Airport Influence Area. The current housing stock represents only 40 percent of Page 437 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 4 this total residential development potential (6,572 units / 16,442 units). Additionally, under the proposed UKIALUCP, a total of 14,415 units (existing and future) could be allowed within certain areas of the proposed Airport Influence Area and could accommodate the theoretic displacement of 170 units. Therefore, the theoretic displacement of 170 units, which represents about 1 percent of the total residential development potential in the City (170 units / 16,442 units), is deemed to be less than significant because it would not affect the City’s ability to fulfill its obligations associated with the RHNA and because the displaced housing units could be accommodated in other incorporated areas inside or outside the proposed Airport Influence Area. Mitigation None required. Page 438 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 4 15. Public Services Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the following public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Discussion a.i – a.iv): See Summary of Potential Environmental Effects (No. 11 on page 7). The proposed Airport Influence Area contains and has the potential to contain a wide variety of public services in the future. The proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to listed government facilities or services. a.v): Adoption and implementation of the proposed UKIALUCP would create a temporary increase in the staff workloads as a result of the state requirement to modify the local general plan to be consistent with the proposed UKIALUCP. As described in Section 10 of this Initial Study, minor changes and/or additions would be needed to bring the local general plans and Airport-related overlay zoning ordinances into consistency with the proposed UKIALUCP. Over the long-term, procedural policies included in the proposed UKIALUCP will simplify and clarify the ALUC project review process, thereby reducing the workload for ALUC staff and planning staffs of the County of Mendocino and the City of Ukiah. Mitigation None required. Page 439 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 4 16. Recreation Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Discussion a - b): See Summary of Potential Environmental Effects (No. 11 on page 7). A wide range of recreational facilities are found in Mendocino County. Therefore, the proposed Airport Influence Area has the potential to contain a wide variety of recreational resources, both known and unknown. The proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to recreation. Mitigation None required. Page 440 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 4 17. Transportation and Traffic Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? b) Conflict or be inconsistent with CEQA Guidelines 15064.3, subdivision (b)? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? Discussion a – d): See Summary of Potential Environmental Effects (No. 11 on page 7). The Mendocino County General Plan and City of Ukiah General Plan identify a wide range of existing and planned transportation modes, including roads, transit, non-motorized transportation, rail, and aviation.. On September 27, 2013, Governor Jerry Brown signed Senate Bill (SB) 743 into law and started a process intended to fundamentally change transportation impact analysis as part of CEQA compliance. These changes included elimination of auto delay, level of service (LOS), and other similar measures of vehicular capacity or traffic congestion as a basis for determining significant impacts. Amendments and additions to the CEQA Guidelines eliminated auto delay for CEQA purposes and identified vehicle miles traveled (VMT) as the preferred CEQA transportation metric. SB 743 became effective on July 1, 2020. Prior to that date, the SB 743 Vehicle Miles Traveled (VMT) Regional Baseline Study was accepted by the Mendocino Council of Governments at their regular meeting on June 1, 2020. This study recommends VMT methods and thresholds for lead agencies in Mendocino County, as well as transportation demand management (TDM) strategies for reducing VMT on projects. It should be noted that adoption and implementation of the proposed UKIALUCP will not result in any substantial change to VMT within the Airport Influence Areas, as the project is a regulatory tool to ensure development is compatible with existing and proposed airport uses. Therefore, the proposed Airport Influence Area contains and has the potential to contain a wide variety of transportation systems in the future. However, the proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to on-ground transportation and traffic c): Neither the ALUC nor the policies set forth in the proposed UKIALUCP have authority over Airport operations (PUC Section 21674(e)). However, in accordance with state law (PUC Section 21676), certain off-Airport development proposals that could have Airport compatibility implications are subject to ALUC review. Nonetheless, adoption and implementation of the proposed UKIALUCP will not result in any change to air traffic patterns at Ukiah Municipal Airport. Page 441 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 4 Mitigation None required. Page 442 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 4 18. Tribal Cultural Resources Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and this is: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k) or b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In apply the criteria set forth in subdivision (c) of the Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Discussion a – b): See Summary of Potential Environmental Effects (No. 11 on page 7). A Tribal Cultural Resource is a site feature, place, cultural landscape, sacred place, or object that is of cultural value to a Tribe. The Mendocino County General Plan and City of Ukiah General Plan indicate that no tribal lands exist within vicinity of the Ukiah Municipal Airport. However, the proposed Airport Influence Area has the potential to contain a wide variety of tribal cultural resources, both known and unknown. Nevertheless, the proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to tribal cultural resources. Mitigation None required. Page 443 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 4 19. Utilities and Service Systems Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Require or result in the relocation or construction of new or expanded water, wastewater treatment, or storm water drainage; electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? c) Result in a determination by the wastewater treatment provider, which serves or may serve the project, that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local statutes and regulations related to solid waste? Discussion a – g): See Summary of Potential Environmental Effects (No. 11 on page 7). The proposed Airport Influence Area contains and has the potential to contain a wide variety of utilities and service systems in the future. The proposed UKIALUCP is regulatory in nature. It does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in any impacts to utilities and service systems. Mitigation None required. Page 444 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 4 20. Wildfire If located in or near state responsibility areas or lands classified as very high fire hazard severity zones. Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landsides, as a result of runoff, post-fire slope instability, or drainage changes? Discussion a - d): See Summary of Potential Environmental Effects (No. 11 on page 7). Within the proposed AIA, the fire hazard severity zones include moderate, high, and very high severities. The proposed UKIALUCP is regulatory in nature; it does not propose any new development, construction, or physical change to the environment that would directly or indirectly impair an adopted emergency response or evacuation plan, exacerbate wildfire risks, or expose people or structures to significant risks. Mitigation None required. Page 445 of 550 INITIAL STUDY/NEGATIVE DECLARATION | Ukiah Municipal Airport Land Use Compatibility Plan 4 21. Mandatory Findings of Significance Would the proposed project: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Have impacts that would be individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? Discussion a - c): See Summary of Potential Environmental Effects (No. 11 on page 7). The proposed Airport Influence Area has the potential to contain a wide variety of environmental resources, both known and unknown. The proposed UKIALUCP is regulatory in nature; it does not propose any new development, construction, or physical change to the environment that would directly or indirectly result in a substantial adverse effect on the environment or human beings or substantially degrade the environment. As indicated in the analysis provided for Environmental Category 14, Population and Housing, adoption of the proposed UKIALUCP has the potential to displace future residential and nonresidential development to other areas within the community. Although the proposed UKIALUCP has the potential to induce growth within portions of the Airport Influence Area, the increased levels of development would not exceed those projected within the general plans adopted by the affected local agencies. As discussed under Environmental Category 15, Public Services, some staff effort would be required to revise the local jurisdictions’ general plans and/or implementing ordinances. However, this effort would be temporary and result in a simplified review process following the proposed UKIALUCP adoption. Therefore, adoption and implementation of the proposed UKIALUCP has no potential to create cumulatively significant environmental impacts. Mitigation None required. Page 446 of 550 55 1 2 3 3 3 3 4 2 4 6 6 6 Boon v i l l e Ukia h R d . Ukiah 33 15 6 6 6 Mendocino County (Unincorporated) Mendocino County (Unincorporated) Gobbi St. Low Gap R d . Vich y S p r i n g s R d . Talmage Rd. Ea s t s i d e R d . H i g h w a y 1 0 1 Hastings Ave. Gobalet St. D o r a S t . A i r p o r t P a r k B l v d . S t a t e S t . Ukiah Compatibility Zones Zone 1: Runway Protection Zone (RPZ) Zone 1*: Ultimate Runway Protection Zone (RPZ) Zone 2: Inner Aprroach/Departure Zone Zone 3: Inner Turning Zone Zone 4: Outer Approach/Departure Zone Zone 5: Sideline Zone Zone 6: Traffic Pattern Zone Urban Overlay Zone Other Airport Environs Source: Mead & Hunt, Inc. 04,0008,000 Feet F Notes 1.All Compatibility Zones: Reflect safety zones for a General Aviation Runway with Single-Sided Traffic Pattern provided in the 2011 California Airport Land Use Planning Handbook (Handbook). Zone 1: Based on the Runway Protection Zones (RPZs) provided in City and FAA approved Airport Layout Plan (2016). Zone 1* reflects an ultimate Runway Protection Zone (RPZ) for an ultimate runway length of 5,000 feet to serve future operations by CalFire Lockheed C-130 aircraft. Zones 2 and 4 (north): Zone 2 reflects Handbook Safety Zone 2 for existing Runway 15 end. Zone 4 includes outer portions of Handbook Safety Zone 2 for future Runway 15 end. Future northerly runway extension is intended to provide additional runway length for departures to south; landing threshold at Runway 15 end will remain in its current position. Zones 2 – 4 (south): Offset by 5-degrees to reflect southern flight route where aircraft use Highway 101 as a landmark Urban Overlay Zone: Provides a density increase within Zones 3 and 4 to North and Zone 3 to Southwest to reflect existing land use patterns. Compatibility Policy Map Ukiah Municipal Airport Mendocino County Airport Land Use Commission (Addendum #1, January 2021) Ukiah Municipal Airport Land Use Compatibility Plan Legend Existing Runway (4,423' Ex. Length) Future Runway Extension (4,888' Fut. Length) Existing Airport Property Boundary City Limit Boundary ! !! ! !! City Sphere of Influence (extends off map view) Airport Influence Area 3 3 Hastings AS t a 3 1 2 1* Talmage Rd. (112'x700') 3 1 1* 2 3 (112'x700') INSET INSET Norgard L n . Hw y . 1 0 1 Attachment 3 Page 447 of 550 1 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING SECTION 9004 TO DIVISION 9, CHAPTER 2, ARTICLE 1 OF THE CITY CODE TO REQUIRE COMPLIANCE WITH THE UKIAH MUNICIPAL AIRPORT LAND USE COMPATIBILITY PLAN. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS 1. The Mendocino County Airport Land Use Commission (ALUC) adopted the Ukiah Municipal Airport Land Use Compatibility Plan (ALUCP) on May 20, 2021. 2.The ALUCP sets compatibility criteria applicable to local agencies, including the City of Ukiah, in their preparation or amendment of land use plans and ordinances and to landowners in their design of new development. 3.As such, all zoning and districting plans applicable in the City must be in substantial conformance with the ALUCP. 4.The City of Ukiah (Responsible Agency), is relying on the Initial Study and Negative Declaration adopted by the Lead Agency, ALUC. SECTION TWO. A new Section 9004 in Division 9, Chapter 2, Article 1 of the Ukiah City Code is hereby added and shall read as follows: §9004 ZONING IN CONFORMANCE WITH UKIAH MUNICIPAL AIRPORT LAND USE COMPATIBILITY PLAN The zoning and districting plans effectuated by this Chapter are in substantial conformance with the Ukiah Municipal Airport Land Use Compatibility Plan heretofore adopted by the Mendocino County Airport Land Use Commission. SECTION THREE. 1.Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. 3.Effective Date: The ordinance shall become effective thirty (30) days after its adoption. Introduced by title only on __________, 2021, by the following roll call vote: Attachment 4 Page 448 of 550 2 AYES: NOES: ABSENT: ABSTAIN: Adopted on ___________, 2021, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________ Juan V. Orozco, Mayor ATTEST: _______ Kristine Lawler, City Clerk Page 449 of 550 Page 1 of 2 Agenda Item No: 12.a. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2020-352 AGENDA SUMMARY REPORT SUBJECT: Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus (COVID-19) Emergency Including Operational Preparedness and Response; Continuity of City Operations and Services; Community and Business Impacts; and Any Other Related Matters. DEPARTMENT: City Manager / Admin PREPARED BY: Tami Bartolomei, Office of Emergency Management Coordinator PRESENTER: Tami Bartolomei, Office of Emergency Management Coordinator ATTACHMENTS: None Summary: The City Council will receive a status report and consider any action or direction related to the Novel Coronavirus (COVID-19) Emergency including operational preparedness and response; continuity of City operations and services; community and business impacts; and any other related matters. Background: On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in California in response to the COVID-19 pandemic. The County of Mendocino declared a State of Emergency related to the COVID-19 on March 4, 2020. On March 17, 2020, the City Manager, acting as the Director of Emergency Services, declared the existence of a local emergency. On March 18, 2020, City Council approved a Resolution ratifying the proclamation declaring the existence of a local emergency. Since the onset of the emergency, the City of Ukiah has worked to respond to the public health and safety needs of the community in cooperation with the County of Mendocino and other partners. The local response for public health is lead regionally by the County of Mendocino and the County's Public Health Officer. In addition, the City of Ukiah has worked to maintain the continuity of public services including public safety, water, sewer, electric, airport, public works, and other essential activities. Discussion: As the coronavirus “COVID-19” continues to evolve, the City of Ukiah continues to monitor the situation and respond to emerging needs of the community. The City is in continued contact with local and state agencies, as well as community partners, hospitals, schools, and neighboring cities to ensure we have the most updated information pertaining to COVID-19 and are coordinating efforts. Reports and/or information from the City of Ukiah's Emergency Operation Center (EOC) may include, as necessary: * Emergency Operation Center (EOC) Status * COVID-19 Case Updates * Public Information Officer * Medical Services Page 450 of 550 Page 2 of 2 * School/Education * Public Safety (Police/Fire/EMS) * Shelter in Place Monitoring and Compliance * Community Service Groups * Homeless Response * Business Impacts/Services * Public Infrastructure/Construction Status * City Finance * Recovery Efforts and Planning * Other Related matters Staff will provide a status report to City Council and will seek direction or action on operational preparedness and response; continuity of City operations and services; community and business impacts; and any other related matters. Go to the City's website (www.cityofukiah.com) for direct access to information related to the Novel Coronavirus (COVID-19) emergency including local updates, City Services, Community/Resident Information, and Business Resources. Recommended Action: Receive status report and consider any action or direction related to the Novel Coronavirus (COVID-19) Emergency including operational preparedness and response; continuity of City operations and services; community and business impacts; and any other related matters. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Sage Sangiacomo, City Manager Page 451 of 550 Page 1 of 2 Agenda Item No: 12.b. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2020-438 AGENDA SUMMARY REPORT SUBJECT: Approval and Adoption of 2021-22 Fiscal Year City Budget through Resolution, Five-Year Capital Improvement Plan, the Gann Limit Resolution, Associated Financial and Debt Management Policy Resolutions, and Budget Agreement with the Ukiah Valley Sanitation District. DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director PRESENTER: Sage Sangiacomo, City Manager Dan Buffalo, Finance Director Mary Horger, Financial Services Manager ATTACHMENTS: 1. FY 21-22 Budget Resolution 2. CIP -5 year-FYE 2022 - In Progress - Working Final Draft 06-07-2021 3. Vehicle & Heavy Equipment Justifications - FY 21-22revised 4. Gann Limit Resolution 2022 5. Budget Agreement with UVSD, Draft 6-10-21 6. Financial Management Policy Resolution Combined 7. Financial Management (PR-39) Update 2021 - line out 8. Debt Management Policy Resolution Combined 9. AR-002, Debt Management Policy, update 2021 - line out Summary: The Council will consider for approval and adoption through resolution the City budget for the 20201-22 fiscal year, the City's Five-Year Capital Improvement Program Plan, the City's Gann Limit for the 2021-22 fiscal year, the wastewater budget agreement with the Ukiah Valley Sanitation District for 2021-22, Financial Management Policies, and the Debt Management Policy. Background: Presented here is the operating and capital budget for the City of Ukiah and related documents for the fiscal year 2021-22. This is the final step of the budget development and adoption process. As part of this packet, the following are provided: 1. Budget unit pages (OpenGov stories). The Finance Department continues to enhance the usability and navigation of the budget document, turning to the OpenGov platform to deliver the budget document in its entirety. Budget units (departments and divisions) are presented in standardized format in what are called "stories." They are dynamic, navigable web pages designed to be read electronically through a web browser. They offer the reader drill down features so that data can be presented as generally or as granularly as desired. The best way to access stories is by clicking this link and finding each subsequent link in the table of contents: https://stories.opengov.com/ukiahca/published/nYEwambvu This page is the cover of the budget document (in draft), including a table of contents at the bottom. Each budget story can be accessed by clicking on its respective link in the table of contents. As the budget document is further developed, links will be activated for any reader to examine. Page 452 of 550 Page 2 of 2 The OpenGov platform is best viewed through the Google Chrome web browser. It is a free application and can be found at the following link, complete with download and installation instructions. https://www.google.com/chrome/ Discussion: To adopt the budget, Council will approve and adopt: 1. Budget Resolution (Attachment 1) approving the annual City of Ukiah Budget for Fiscal Year 2021-22. 2. Five-year capital improvement program schedule (Attachment 2) and the Vehicle & Heavy Equipment Justifications (Attachment 3) - resolution not required. 3. The Appropriations (Gann) Limit calculations and associated resolution (Attachment 4). This information is part of the overall budget document. 4. Budget Agreement with the Ukiah Valley Sanitation District for FY 2021-22 (Attachment 5), including preliminary cost sharing splits, which will be further revised and updated at a later Council meeting in August. This agreement is presented in substantial form. Staff is requesting Council approve and adopt it as such and authorize the City Manager to complete any final negotiated changes and sign the agreement. No further substantive changes are anticipated. 5. City Financial Management Policies resolution (Attachment 6) with a line-item change copy for analysis (Attachment 7). 6. City Debt Management Policy resolution (Attachment 8) with a line-item change copy for analysis (Attachment 9). Recommended Action: Taken Separately: 1. Approve and adopt budget resolution for the fiscal year 2021-22, 2. Approve and adopt Gann Limit resolution for fiscal year 2021-22, 3. Approve (in substantial form) and authorize City Manager to sign fiscal year 2021-22 budget agreement with the Ukiah Valley Sanitation District, 4. Approve and adopt Financial Management Policy resolution, and 5. Approve and adopt Debt Management Policy resolution. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.:N/A COORDINATED WITH: N/A Page 453 of 550 Page 1 of 4 Attachment 1 RESOLUTION NO. 2021 -00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROPRIATING FUNDS FOR THE GENERAL FUND AND OTHER FUNDS IN THE FISCAL YEAR 2021-22 BUDGET WHEREAS, the Ukiah Municipal Code requires the City Manager to prepare and submit an Annual Budget to the City Council for its approval; and WHEREAS, it is good management practice to have comprehensive operating and capital improvement budgets to implement the various policies, programs and projects of the City Council, and the City Council has established a policy to review, adopt, and provide multiple updates to Fiscal Year (FY) Budgets; and WHEREAS, on June 2,2021, the City Council reviewed Draft FY 2021-22 revenue and expenditures for all budgeted governmental (including the general fund), proprietary, and fiduciary funds; and WHEREAS, on June 3, 2021, the City Council reviewed Draft FY 2021-22 revenue and expenditures for the departmental budget units and capital improvements; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah does hereby adopt the budget for the General Fund and other budgeted funds for Fiscal Year 2021-22. NOW THEREFORE BE IT FURTHER RESOLVED that, 1. Funds are appropriated at the Fund level for total expenditures, transfers and other uses as summarized in Exhibit A, attached hereto. 2. Transfers between funds are authorized as summarized in Exhibit B, attached hereto. 3. The FY 2021-22 Budget provides detail to the sources and uses of the authorized appropriations by fund and the final adopted document is incorporated herein by reference. 4. The City Manager is authorized to approve budget changes between accounts within the same fund, and that any budget appropriation changes between funds require City Council approval. 5. The encumbrances outstanding at year-end are reported as committed and, with any unreserved and undesignated funds remaining on June 30, 2021, are hereby designated as reserved in fund balance or net position and available for appropriation in FY 2021-22 or future fiscal years. Page 454 of 550 Page 2 of 4 PASSED AND ADOPTED this ___ day of June 2021, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Juan Orozco, Mayor ATTEST: ________________________________ Kristine Lawler, City Clerk Page 455 of 550 Page 3 of 4 Page 456 of 550 Page 4 of 4 Attachment “Exhibit B” to Resolution 2021- _____ Page 457 of 550 FIVE YEAR CAPITAL IMPROVEMENT PLAN* JULY 2021 FACILITIES/BUILDINGS/LAND COMMUNITY SERVICES DEPARTMENT Start End 21/22 22/23 23/24 24/25 25/26 Todd Grove Park  Pathways Pathways deteriorating beyond repair, need to be replaced.Community  Services Parks 30022200. 80220 18102 N/A Jarrod  Meyer jmeyer@cityofu kiah.com 511 Park  Boulevard Facilities/  Buildings/Land Deferred 2021 2022 TBD Yes Current  Revenues General Fund  $          150,000  $             150,000  Moved from FYE 21 due to COVID‐19.   Prioritization and funding source(s) under  review.  Estimated cost is $150k. Added  funding for FYE 22. Reviewed McGarvey Park  Pathways Pathways deteriorating beyond repair, need to be replaced.Community  Services Parks 10022100. 80220 18116 N/A Jarrod  Meyer jmeyer@cityofu kiah.com 310 Dora  Street Facilities/  Buildings/Land New 2024 2025 TBD No New  Revenues Fiscal Year  Allocation TBD  $‐    Moved from FYE 22.  Moved from FYE 24.  Prioritization and funding source(s) under  review.  Estimated cost is $75k. Reviewed McGarvey Park  Irrigation Replace Irrigation System Community  Services Parks 10022100. 80220 18103 N/A Jarrod  Meyer jmeyer@cityofu kiah.com 310 Dora  Street Facilities/  Buildings/Land New 2022 2024 TBD No New  Revenues Fiscal Year  Allocation TBD  $             10,000  $                10,000  Moved from FYE 24.  Moved from FYE 22.  Suggest $10k for new landscape plan  before moving irrigation and repaving  paths. Prioritization and funding  source(s) under review.  Estimated cost is  $10k for new landscape/irrigation plan,  $100k for construction of irrigation,  plantings, and repaving paths.  $10k  recommended for now. Reviewed Pool Pump  House The pool pump house pool is in need of replacement due to age and general deterioration of the building. Community  Services Parks 10022100. 80220 18012 N/A Jarrod  Meyer jmeyer@cityofu kiah.com 511 Park  Boulevard Facilities/  Buildings/Land Deferred 2021 2023 TBD No New  Revenues Fiscal Year  Allocation TBD  $‐    Project was formerly called "Pool Block  House". Looking for funding. Moved from  starting FYE 21. Prioritization and funding  source(s) under review.  Estimated cost is  $250k. Reviewed Riverside Park State grant to provide some grading, flood surveying, debris removal and planting.Community  Services Parks 30522250. 80220 18014 N/A Jarrod  Meyer jmeyer@cityofu kiah.com 1281 East  Gobbi  Street Facilities/  Buildings/Land In  Progress 2018 2021 Grant Yes New  Revenues Grant funded. $       281,695   $          832,005  $             832,005  RFP for design process is complete  12/2018;  Hydrology studies and CEQA  complete. Work expected to start in late  spring or early summer, with expectation  of project completion in FYE 22. Most  recent schedule indicates bidding in the  fall of 21. Budget  Adopted Wagenseller  Park Plan Park master plan needed once a site is identified.Community  Services Parks 10022100. 80220 18063 N/A Neil Davis ndavis@cityofu kiah.com Orchard  and Brush  Street Facilities/  Buildings/Land New 2022 2023 Capital  Projects No New  Revenues Potential for Prop  68 funding. $             75,000  $                75,000 Reviewed Wagenseller  Park   Development  In 2017 the Community Development Department began work on a Wagenseller Park Feasibility Analysis. It has been determined through the analysis and other surveys a park is needed in the Wagenseller area. Extensive landscaping, equipment purchase and installation needed. Community  Services Parks 10022100. 80220 18063 N/A Neil Davis ndavis@cityofu kiah.com Orchard  and Brush  Street Facilities/  Buildings/Land New 2023 2024 Capital  Projects No New  Revenues Staff will continue  to seek grant  funding for  development.   Potential for Prop  68 funding.  $       875,000  $             875,000  Working with RCHDC to determine  location along with seeking grant  funding.  Reduced the amount from  $950k, to break out the Master Plan into  a separate line item.  Moved from FYE  23. Reviewed Todd Grove Park  Wall and  Parking Safety  Issues Develop a conceptual design and maintenance plan for the wall, as well as addressing parking safety issues around the park. The design would likely including low impact development features to provide a buffer between vehicles and the wall. Thegoalistogeta project ready for potential grant funding.   Community  Services Parks 10022100. 80220 18071 N/A Jarrod  Meyer jmeyer@cityofu kiah.com 1281 East  Gobbi  Street Facilities/  Buildings/Land New 2021 2022 General Yes New  Revenues Potential Water  Recharge Grant  $            12,000  $                12,000  Council refers to Park & Recreation  Commission for review and consideration  for concept and funding for parking &  safety issues. Parks, Recreation and Golf  Committee provided staff with some  suggested action.  Staff continues to  research the project. Moved from FYE 21.  Budget  Adopted Todd Grove Park  and Pool  Recreation  Facility Addition of Recreation Building to the Pool Facility where the unusable kiddie pool is. This will eliminate the Splash Pad and Day Camp Office projects from this CIP list. Facility will serve Day Camp, Recreation Classes, Facility Rentals, Trainings, Meetings, Youth Sports Practices and Green Room for Concerts.  Community  Services Parks/Aquatics/ Recreation 10022100. 80220 TBD N/A Jake  Burgess jburgess@cityof ukiah.com 511 Park  Boulevard Facilities/  Buildings/Land New 2021 2022 Grant  Funded No New  Revenues Fiscal Year  Allocation TBD  $‐    New project which will eliminate  duplication and serve multiple divisions  and functions.  Prioritization and funding  source(s) under review.  Estimated cost is  $350k. Reviewed Civic Center  front of building  replacement of  tile, clean and  paint. Tile missing and/or broken, front of building needs cleaning and painting.Community  Services Building &  Grounds  Maintenance 20822500. 80220 18106 N/A Kerry  Randall krandall@cityof ukiah.com 300  Seminary  Avenue Facilities/  Buildings/Land In  Progress 2021 2022 General Yes New  Revenues Utilizing Building  Fund Reserves. $            80,000  $                80,000  The Civic Center Buildings have been  power washed/cleaned.  Project  deferred. Moved $45k from FYE 20, and  moved $35k from FYE 21 due to COVID‐ 19.  Combined budget for FYE 22 and FYE  23 into one budget for FYE 22. Reviewed Civic Center  Bathroom Tile The tiles in the bathrooms at the Civic Center have come loose and are creating a tripping hazard.  Tile needs to be removed and replaced.  Cement floor needs to be treated to exclude calcium intrusion. Community  Services Building &  Grounds  Maintenance 20822500. 80220 18107 N/A Kerry  Randall krandall@cityof ukiah.com 300  Seminary  Avenue Facilities/  Buildings/Land Deferred 2021 2022 General Yes Current  Revenues Utilizing Building  Fund Reserves. $            35,000  $                35,000 Moved to FYE 22 due to COVID‐19. Reviewed Bank of America  Building  Acquisition,  Renovation, and  Services  Relocation Procurement of BofA building on S. State, rehabilitation, service relocation, and reconfiguration of Civic Center. Community  Services Building &  Grounds  Maintenance 20822500. 80220 18176 N/A Shannon  Riley sriley@cityofuki ah.com 501 South  State Street Facilities/  Buildings/Land In  Progress 2020 2022 External  Financing Yes New  Revenues Purchase  Completed FY  2021;  Rehabilitation  Costs TBD,  Funded by Series  2020A Bond  $       762,562   $       1,623,233  $          1,623,233  Council has approved acquisition of  building and is aware of estimated rehab  costs.  Council still needs to review  master plan, including transfer of  services and reconfiguration of Civic  Center admin. Reviewed  and  Supported Security Fencing  at Ukiah Police  Department  Parking/Entranc e/Exit Areas Currently the Ukiah Police Department parks their vehicles, enters and exits the station on the south side of the Civic Center. This area is unsecured and a high securityrisktothose entering and exiting the building & vehicles. Securing the area with fencing and gates that only UPD and Staff have access to will provide the necessary safety needed for the UPD. Fencing and a gate would be installed near the entrance at Oak Street, follow the driveway to the Civic Center building. An additional gate would be installed near the Fire bay doors closer to Dora Street and run down the driveway back toward Oak Street.   Community  Services Building &  Grounds  Maintenance 20822500. 80220 18187 N/A Kerry  Randall krandall@cityof ukiah.com 300  Seminary  Avenue Facilities/  Buildings/Land New 2025 2026 New  Revenues No New  Revenues Fiscal Year  Allocation TBD  $‐    Prioritization and funding source(s) under  review; Department estimate/request is  $189,000; Project is contingent on the  identification of a non General Fund  source.  Moved from FYE 21 due to  COVID‐19.  Reviewed Project Name Project Description Department Division Org/Object Project  Number Allocation to  Multi‐funds Project  Contact  Name Comments City Council  Status Estimated Cost per Fiscal Year TotalsProject Contact  Email Project  Location Improvement  Type Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l Comments Costs to date *Refer to last page of this document for definition of terms used.PAGE 1 ATTACHMENT 2 Page 458 of 550 FIVE YEAR CAPITAL IMPROVEMENT PLAN* JULY 2021 Carpet  Replacement ‐  Police  Department  Offices The carpet in the Police Department offices is extremely worn with spots that can no longer be removed, along with some areas that are torn. Community  Services Building &  Grounds  Maintenance 20822500. 80220 18176 N/A Kerry  Randall krandall@cityof ukiah.com 300  Seminary  Avenue Facilities/  Buildings/Land New 2021 2022 Internal  Service Yes New  Revenues Funded by Series  2020A Bond  $            51,000  $                51,000  Moved from FYE 21 due to COVID‐19.  Part of larger Civic Center service  relocation and reconfiguration project.  Reviewed Train Depot  HVAC Replace failing HVAC at the Train Depot.Community  Services Building &  Grounds  Maintenance 20822500. 56120 18255 N/A Kerry  Randall krandall@cityof ukiah.com 247 East  Perkins Facilities/  Buildings/Land New 2021 2022 General Yes New  Revenues  $              8,000  $                  8,000  Unit failed.  Heating and air are not  working.  Tenants are complaining.   Evaluation from contractor confirms  replacement necessary. Reviewed Picnic Area at  Todd Grove Park The Todd Grove picnic area is in need of replacing the asphalt surface area,barbeque and tables. There is currently $50,000 in Park Development Funds 25100000.39044 to begin planning and design of the area.  Community  Services Parks 30022200. 80220 18013 N/A Jarrod  Meyer jmeyer@cityofu kiah.com 600 Live  Oak Avenue Facilities/  Buildings/Land New 2021 2022 Capital  Projects Yes New  Revenues Utilizing Park  Development  funds and General  Funds.  Will also  be seeking grant  funding.  $          100,000  $             100,000 Moved to FYE 22 due to COVID‐19.  Increased from $50k. Budget  Adopted Todd Grove Park  Play Equipment  Replacement The State of California Health and Safety Code calls for all public agencies operating playgrounds, shall upgrade their playgrounds by replacement or improvements as necessary. Replacement is necessary due to the age of the equipment, the rising cost of replacement pieces, and safety concerns.   Community  Services Parks 30322230. 80100 18009 N/A Jarrod  Meyer jmeyer@cityofu kiah.com 600 Live  Oak Avenue Facilities/  Buildings/Land Ongoing 2020 2021 Grant Yes New  Revenues $177k grant  funded; balance  General Fund  $          230,000  $             230,000 Prop 68 Per Capita Funding.  Moved from  FYE 20.  Moved from FYE 21. Budget  Adopted Playground  Equipment  Replacement ‐  Oak Manor Replacement of this equipment is necessary, due to the age and high usage of this equipment, as well as safety concerns. Staff will be seeking grant funds to assist with the cost.   Community  Services Parks 10022100. 80220 18010 N/A Jarrod  Meyer jmeyer@cityofu kiah.com 500 Oak  Manor  Drive Facilities/  Buildings/Land New 2022 2023 Grant No New  Revenues Seeking grant  funding. $          100,000  $             100,000  Staff applied for Prop 68 funds for park  renovations including new playground  equipment. Awards have not been  announced. Reviewed Softball Fields  Restroom  Concession  Building Roof  Replacement Replace roof at softball fields Community  Services Parks 30122210. 80220 18110 N/A Jarrod  Meyer jmeyer@cityofu kiah.com 901 River  Street Facilities/  Buildings/Land New 2020 2021 TBD No New  Revenues Fiscal Year  Allocation TBD  $                        ‐    Prioritization and funding source(s) under  review.  Roof currently has some leakage  and panels are pealing up.   Staff is  currently evaluating the project.  Reviewed Museum  Exterior Painting Museum exterior is in need of painting to ensure on‐going protection of the wood surface. According to staff it has been close to ten years since last exterior painting. Major benefits include the protection of a major City asset and the maintaining of the beauty of the building for the public. Community  Services Museum 10022700. 80220 18023 N/A David  Burton dburton@cityof ukiah.com 431 South  Main Street Facilities/  Buildings/Land Deferred 2022 2023 TBD No New  Revenues Seek funding  assistance. $             35,000  $                35,000 Seek alternate funding.  Moved from FYE  21.Reviewed Security  Cameras at  Museum Outdoor security cameras for protection of property.Community  Services Museum 10022700. 80220 18111 N/A Neil Davis ndavis@cityofu kiah.com 431 South  Main Street Facilities/  Buildings/Land Deferred 2022 2023 TBD No New  Revenues Seek funding  assistance. $             20,000  $                20,000  Seek alternate funding.  Budget moved  from FYE 21, and increased from $14k.   Moved from FYE 22 due to higher  priorities in FYE 22. Reviewed New HVAC for  Sun House Current HVAC is 30 years old, failing beyond repair, and needs to be replaced.Community  Services Museum 10022700. 80220 TBD N/A David  Burton dburton@cityof ukiah.com 431 South  Main Street Facilities/  Buildings/Land New 2021 2022 Grant  Funded No New  Revenues Seek funding  assistance. $             45,000  $                45,000  Unit was repaired in March 2020.  It was  advised that it may no longer be  repairable and to begin budgeting for a  new unit.  Cost shown is rough budget,  and will work to be more refined. Reviewed Conference  Center Exterior  Painting Building exterior needs painting Community  Services Ukiah Valley  Conference  Center 73022600. 80220 18112 N/A Kerry  Randall krandall@cityof ukiah.com 200 South  School  Street Facilities/  Buildings/Land New 2024 2025 Enterprise No New  Revenues  $            45,000  $                45,000  Funding not secured, planning for routine  maintenance. Moved from FYE 21.   Moved from FYE 23. Reviewed Conference  Center Floor  Repair Lobby tiles are loose and missing, becoming a safety hazard, need to be replaced.Community  Services Ukiah Valley  Conference  Center 73022600. 80220 18113 N/A Kerry  Randall krandall@cityof ukiah.com 200 South  School  Street Facilities/  Buildings/Land Deferred 2024 2025 Enterprise Yes Current  Revenues  $            15,000  $                15,000  A lime intrusion has lifted tiles from  conference center foyer. Moved from  FYE 20 due to COVID‐19. Moved from FYE  22 due to COVID‐19. Reviewed Conference  Center Security  Cameras Install new security cameras inside and outside the building.Community  Services Ukiah Valley  Conference  Center 73022600. 80220 18114 N/A Kerry  Randall krandall@cityof ukiah.com 200 South  School  Street Facilities/  Buildings/Land New 2024 2025 Enterprise No New  Revenues  $          100,000  $             100,000  Looking for funding.  Split out cameras as  it's own project.  Moved from FYE 23 due  to COVID‐19. Reviewed Conference  Center Security Security keyless door lock entry.Community  Services Ukiah Valley  Conference  Center 73022600. 80220 18189 N/A Kerry  Randall krandall@cityof ukiah.com 200 South  School  Street Facilities/  Buildings/Land New 2024 2025 Enterprise No New  Revenues  $            30,000  $                30,000  Recent theft and safety concerns. Split  out the cardlock from the cameras.  Moved from FYE 21 due to COVID‐19.  Moved from FYE 22 due to COVID‐19. Reviewed Conference  Center  Bathroom  Repair Replace bathroom counter tops and sinks.Community  Services Ukiah Valley  Conference  Center 73022600. 80220 TBD N/A Kerry  Randall krandall@cityof ukiah.com 200 South  School  Street Facilities/  Buildings/Land New 2024 2025 Enterprise No New  Revenues  $            25,000  $                25,000 Moved from FYE 22 due to COVID‐19. Reviewed 1,044,257$     3,121,238$        285,000$           875,000$        215,000$           ‐$                  4,496,238$           ELECTRIC UTILITY DEPARTMENT SUB‐TOTAL: Start End 21/22 22/23 23/24 24/25 25/26 Electric Utility  Service Center ‐  Remodel &  Facility  Improvements Provides offices and warehouse facilities for the Electric Utility Dept.to better serve the community. Currently offices are located in 40 year old temporary modular buildings with no foundation. The electrical construction and maintenance materials are stored in an uninsulated unsealed tin building.   Electric Utility  Department Administration 80126100. 80220 17023 N/A Diann  Lucchetti dlucchetti@city ofukiah.com 1350  Hastings  Road Facilities/  Buildings/Land In  Progress 2017 2024 Enterprise Yes Current  Revenues 100,000$         350,000$           150,000$            10,000$           $             510,000  Expanded scope including re‐roof task.   Reduced FYE 20 by $1.550 mil and moved  into FYE 21.  Project is currently out to  bid.  Increased FYE 22 from $120k, and  FYE 23 from $30k. Reviewed  and  Supported Renewable  Resource  Development ‐  Solar Renewable energy development for the Utility’s resource portfolio in meeting the States green energy mandates. Electric Utility  Department Administration 80126100. 80220 ECC01 N/A Mel Grandi mgrandi@cityof ukiah.com 1350  Hasting  Road Facilities/  Buildings/Land  In  Progress 2018 2025 Enterprise Yes Current  Revenues 55,000$           700,000$           1,000,000$       1,000,000$     50,000$              $          2,750,000  Rebudgeted to insure replacement  roofing system meets building, solar and  grading requirements. Moved $1.2 mil  out of FYE 20, and moved into FYE 21.   Increased FYE 22 and FYE 24 from $50k,  reduced FYE 25 from $1 mil.  Reviewed  and  Supported Hydroelectric  Plant  Warehouse,  Shop and  Restroom Needed to store hydro specialized plant materials, spare parts, provides staff workspace and restroom/sink facilities. Electric Utility  Department Technical  Services 80126100. 80230 18038 N/A James  O'Brien jobrien@cityofu kiah.com 1229 Lake  Mendocino  Drive Facilities/  Buildings/Land  In  Progress 2018 2022 Enterprise Yes Current  Revenues 190,000$           $             190,000 Moved from FYE 21 due to COVID‐19.  Reviewed Substation Site  Development  Evaluate the need and sites available to construct a future electrical substation to serve future loads based on planning forecasts of the City's growth. Electric Utility  Department Technical  Services 80126100. 80230 18046 N/A Mel Grandi mgrandi@cityof ukiah.com TBD Facilities/  Buildings/Land  New  2020 2023 Enterprise Yes Current  Revenues 20,000$             300,000$            $             320,000 $20k moved from FYE 21, and $300k  from FYE 22 due to COVID‐19.Reviewed Division CommentsTotals City Council  Status Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l CommentsPr oj e ct   Num be r Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Project  Location Improvement  Type Estimated Cost per Fiscal Year Project Name Project Description Department Org/Object Costs to date *Refer to last page of this document for definition of terms used.PAGE 2 Page 459 of 550 FIVE YEAR CAPITAL IMPROVEMENT PLAN* JULY 2021 Material  Storage Yard Purchase of land for material storage yard. Electric Utility  Department Administration 80126100. 80210 18263 N/A Mel Grandi mgrandi@cityof ukiah.com TBD Facilities/  Buildings/Land  New  2021 2023 Enterprise Yes Current  Revenues 150,000$           $             150,000 Reviewed 155,000$         1,410,000$        1,450,000$       1,010,000$     50,000$              ‐$                  3,920,000$          SUB‐TOTAL: FINANCE DEPARTMENT Start End 21/22 22/23 23/24 24/25 25/26 Card Lock Phase  II The Police Department is in need of providing a more controlled, secure environment for their officers and employees. Card lock provides access security to all entrances and exits using key fobs and access cards. This is already installed in the Civic Center and Annex and is providing a high level of access security.  This would provide additional Public Safety as well. Finance IT 20822500. 80220 15019 N/A Ryan  Burkhart rburkhart@city ofukiah.com 300  Seminary  Avenue Facilities/  Buildings/Land Deferred 2021 2022 Internal  Service No Current  Revenues  $            85,000  $                85,000  This would be an expansion to the  existing Card Lock system.  Moved from  FYE 21 due to COVID‐19.  Reviewed ‐$                 85,000$             ‐$                    ‐$                 ‐$                    ‐$                  85,000$                SUB‐TOTAL: Totals Comments Estimated Cost per Fiscal Year Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Funding  Type Funding Type  Add'l Comments Costs to dateProject  Location Improvement  Type Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d City Council  Status FIRE AUTHORITY Start End 21/22 22/23 23/24 24/25 25/26 Fire Station  Upgrades and  Retrofit The Fire Stations are in dire need of an upgrade. At the South Station (due to the building's layout and size), UVFA has currently outgrown the living space. The station needs to include additional bedrooms, a bathroom with an extra shower, office space, and installing security measures to protect the facility and fire equipment. This upgrade will maintain the building's footprint utilizing a change in layout to accommodate the Department's current and future needs. It will also comply with the current fire code by installing a sprinkler system. The North Station is also in need of improvements to the grounds and security of the station. The driveway and pad require repair, which would reduce the impact on department equipment.   Fire Authority City/District TBD TBD N/A Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  Street/141  Lovers Lane Facilities/  Buildings/Land New 2021 2022 TBD No New  Revenues Fiscal Year  Allocation TBD  $                        ‐    Prioritization and funding source(s) under  review; Need to explore grant funding;  Department estimate/request is  $250,000; Additional evaluation of North  Station Location is needed prior to  expending substantial funding on existing  location. Reviewed Emergency  Standby  Generators This project will include placing two external generators with automatic transfer capabilities at the North and South Stations. The project also includes updates to the current electrical system and panels to integrate the building's generators. These generators will allow for power at the stations during an emergency or planned power outage. The facilities must be able to operate and carry out the Authority's mission regardless of outsideinfluences, making both stations self‐sufficient. As planned power outages are expected to continue for the foreseeable future, along with sporadic emergency outages, the Authority must maintain power for critical infrastructure needed to complete our mission. Fire Authority City/District TBD TBD N/A Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  Street/141  Lovers Lane Facilities/  Buildings/Land New 2021 2022 TBD No New  Revenues Fiscal Year  Allocation TBD     $                        ‐    Prioritization and funding source(s) under  review; Need to explore grant funding.  Department estimate/request is  $120,000 Reviewed ‐$                 ‐$                    ‐$                    ‐$                 ‐$                    ‐$                  ‐$                       PUBLIC WORKS DEPARTMENT City Council  Status SUB‐TOTAL: Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Project  Location Improvement  Type Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l Comments Costs to date Estimated Cost per Fiscal Year Totals Comments Start End 21/22 22/23 23/24 24/25 25/26 HVAC Upgrade ‐  Garage The garage's heating and air is inefficient, old and needs to be upgraded.  An upgrade will  provide economical benefits in energy savings.Public Works Corporation  Yard 20824300. 80220 18018 N/A David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Facilities/  Buildings/Land Deferred 2020 2023 Internal  Service Yes Internal  Service  $             52,000  $                52,000  Look for alternative energy sources as  part of the consideration of this project.   Moved from FYE 21 due to COVID‐19.  Reviewed Corporation  Yard  Rehabilitation Conduct a needs assessment to determine the best and most effective way to rehabilitate the Corporation Yard for the Water, Sewer, Street and Fleet Maintenance.Public Works Corporation  Yard 20824300. 80220 18190 N/A David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Facilities/  Buildings/Land New 2021 2022 Internal  Service Yes New  Revenues  $            50,000  $                50,000  Needs Assessment for Corp Yard Facility   Moved from FYE 21 due to COVID‐19.  Moved from FYE 23. Reviewed ‐$                 50,000$             52,000$              ‐$                 ‐$                    ‐$                  102,000$               Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  City Council  Status Funding  Type WATER RESOURCES DEPARTMENT CommentsProject  Location Improvement  Type Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Estimated Cost per Fiscal Year TotalsFunding Type  Add'l Comments Costs to date SUB‐TOTAL: Start End 21/22 22/23 23/24 24/25 25/26 Upgrade HVAC  Units on  Buildings ‐  WWTP Upgrade HVAC units in Operations and Equipment Buildings due to parts being unavailable.Water  Resources Wastewater  Treatment Plant 84027225. 56120 18129 N/A David Kirch dkirch@cityofu kiah.com 300 Plant  Road Facilities/  Buildings/Land New 2021 2022 Enterprise Yes Current  Revenues  $          150,000  $             150,000 Reviewed Machinery  Storage Cover Install a machinery cover area to protect equipment from weather.Water  Resources Wastewater  Treatment Plant 84027225. 80220 18256 N/A Alan Hodge ahodge@cityof ukiah.com 300 Plant  Road Facilities/  Buildings/Land New 2021 2022 Enterprise Yes Current  Revenues  $            15,000  $                15,000 Reviewed Upgrade HVAC  Units on  Buildings ‐ WTP Due to aging infrastructure upgrades are needed to the HVAC system at the Water Treatment Plant Water  Resources Water  Treatment Plant 82027113. 56120 TBD N/A David Kirch dkirch@cityofu kiah.com 935 River  Street Facilities/  Buildings/Land New 2022 2023 Enterprise Yes Current  Revenues  $             70,000  $                70,000 Reviewed Well 3  Improvements Improve Well 3 building enclosure.Water  Resources Water  Treatment Plant 82027113. 80220 TBD N/A Jarod Thiele jthiele@cityofu kiah.com Vichy  Springs  Road Facilities/  Buildings/Land New 2025 2026 Enterprise Yes Current  Revenues  $        150,000  $             150,000 Reviewed ‐$                 165,000$           70,000$              ‐$                 ‐$                    150,000$         385,000$               1,199,257$     4,831,238$        1,857,000$       1,885,000$     265,000$           150,000$         8,988,238$           SUB‐TOTAL: Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l Comments Costs to dateAllocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Project  Location Improvement  Type Project  StatusProject Name Project Description Department Division Org/Object Pr oj e ct   Num be r Totals Comments City Council  Status Estimated Cost per Fiscal Year TOTALS FOR FACILITIES/BUILDINGS/LAND : *Refer to last page of this document for definition of terms used.PAGE 3 Page 460 of 550 FIVE YEAR CAPITAL IMPROVEMENT PLAN* JULY 2021 FINANCE DEPARTMENT INFORMATION TECHNOLOGY Start End 21/22 22/23 23/24 24/25 25/26 Core ‐ 4 Cisco  3750 Switches  ‐  End of Life ‐  Replacements These switches are the center core of our network infrastructure. They serve as data conduits for all City of Ukiah operations. They are nearing end‐of‐life, as warranty and support runs out during this time‐frame. Finance IT 20913900. 80100 17044 N/A Ryan  Burkhart rburkhart@city ofukiah.com 300  Seminary  Avenue Information  Technology New 2019 2023 Internal  Service Yes Current  Revenues  $         54,399   $          100,000  $             100,000  Cisco extended the warranty of two of  the switches, so the cost ended up much  lower than originally anticipated.  Costs  to date reflect encumbered funds. Reviewed Redundant  Internet  Gateway (Fall‐ over Load  Balancer) Our current AT&T Internet gateway provides service to all of the City of Ukiah departments for Internet access, as well as Public Safety access to law enforcement websites and other important services. If service fails, we do not have a failover scenario in place. A failover scenario would involve an additional Internet Gateway with a different Internet service provider (ISP). If one ISP fails, the gateway would failover to the alternate one available. This would ensure service availability, virtually 100% of the time.     Finance IT 20913900. 80100 17046 N/A Ryan  Burkhart rburkhart@city ofukiah.com 300  Seminary  Avenue Information  Technology New 2021 2023 Internal  Service Yes Current  Revenues  $            83,400   $             24,200  $             107,600  Moved from FYE 21  due to COVID‐19.  Reduced FYE 22 amount from $166,800,  and FYE 23 from $48,400. Reviewed Dell Compellent  Storage ‐ 5 year  cyclic end of life  replacement The Dell Compellent Storage serves as our main live data storage for the CityofUkiah. Itis used in conjunction with our four Virtual Machine Hosts, which control and offer resources to all of our virtual servers. This basically contains the majority of our production servers upon which all City of Ukiah data services reside. In addition, our VMM (Virtual Machine Manager) server operates as stated. It manages all of the virtual servers within the infrastructure. Dell‐4 VM Hosts & Virtual Machine Manager Server ‐ 5 year cyclic ‐ end of life ‐ replacement (Refinance)) $290,000 at approximately $59,000/year x 5 years. Finance IT 20913900. 80100 17047 N/A Ryan  Burkhart rburkhart@city ofukiah.com 300  Seminary  Avenue Information  Technology On‐going 2021 2026 Internal  Service No Current  Revenues  $             59,000   $         59,000   $            59,000   $          59,000  $             236,000  Department is exploring cloud storage  solution where a portion of this may not  be necessary.  Added financing through  FYE 26. Moved to begin in FYE 23 as  project continues to be reviewed. Reviewed Cisco Access  Switch EOL  Replacement These switches connect the City's computers, phones, printers, and Wi‐Fi units into the core infrastructure. The switches allow these devices to connect to the Internet and internal servers. They will be End‐Of‐Life and will no longer be supported by the manufacture. Finance IT 20913800. 80100 18100 N/A Ryan  Burkhart rburkhart@city ofukiah.com 300  Seminary  Avenue Information  Technology New 2022 2023 Internal  Service No Current  Revenues  $          180,000  $             180,000 Reviewed Cisco Nexus  Switch EOL  Replacement These switches are the center core of our network infrastructure. They serve as data conduits for all City of Ukiah operations. They will be end‐of‐life, as warranty and support runs out during this time‐frame. Finance IT 20913900. 80100 TBD N/A Ryan  Burkhart rburkhart@city ofukiah.com 300  Seminary  Avenue Information  Technology New 2024 2025 Internal  Service No Current  Revenues  $          110,000  $             110,000 Reviewed 54,399$           83,400$             363,200$            59,000$           169,000$           59,000$           733,600$               FIRE AUTHORITY Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Totals Comments City Council  Status Estimated Cost per Fiscal Year SUB‐TOTAL: Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l Comments Costs to dateAllocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Project  Location Improvement  Type Project  Status Start End 21/22 22/23 23/24 24/25 25/26 Mobile Data  Terminals (MDT) The Ukiah Valley Fire Authority has begun to modernize utilizing wireless data through Mobile Data Terminals (MDT) to enhance safety, reduce repetitive radio communications, and access live up‐to‐date data. In an ever‐changing environment in Fire Operations, the need for mobile field data rises; these units will allow us to track and send out information vital to the success of our mission. This equipment also allows us to have real‐time data on the location of units to allow for a safer environment for our team members.Additionally, these units will tie into the CalFire system allowing for better, faster, and more reliable information to be passed between agencies in the field. The Terminals use Mobile Wireless, GPS, & Satellite communications allowing for increased situational awareness in severe operational environments.       Fire Authority City Fire Multiple 18271 N/A Doug  Hutchison dhutchison@cit yofukiah.com 300  Seminary  Avenue Information  Technology New 2021 2022 General Yes Current  Revenues  $          121,800  $             121,800 Funds to be used are 710, 100, 915 and  917.Reviewed ‐$                 121,800$           ‐$                    ‐$                 ‐$                    ‐$                  121,800$              SUB‐TOTAL: Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Project  Location Improvement  Type Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l Comments Costs to date Estimated Cost per Fiscal Year Totals Comments City Council  Status POLICE DEPARTMENT Start End 21/22 22/23 23/24 24/25 25/26 Mobile  Computer  Terminals and  Wireless  Routers  Replacement The Ukiah Police Department has utilized Mobile Computer Terminals within Police vehicles since 2006, to reduce radio communications and provide officers with access to enhanced data. As reporting requirements increase and the need for field data entries rise the need for this technology will increase as well. The Mobile Computer Terminals use a Mobile Wireless Router to transmit and receive information including video and audio recordings captured by the vehicle mounted cameras. The hardware and operating system currently in use were deployed in 2015 and is at end of life and unsupported, failing more often, requiring increased down time for repairs.           Police Police 10020210. 54330 18258 N/A Justin  Wyatt jwyatt@cityofu kiah.com 300  Seminary  Avenue Information  Technology New 2021 2022 General Yes Current  Revenues Grant funding  may be available. $            85,000  $                85,000  Moved from FYE 23 due to failing  equipment, and reduced amount from  $125k. Reviewed ‐$                 85,000$             ‐$                    ‐$                 ‐$                    ‐$                  85,000$                 54,399$           290,200$           363,200$            59,000$           169,000$           59,000$           940,400$               INFRASTRUCTURE AIRPORT Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Estimated Cost per Fiscal Year City Council  Status SUB‐TOTAL: Funding  Type Funding Type  Add'l Comments Costs to date Totals Comments Project  Location Improvement  Type Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d TOTALS FOR INFORMATION TECHNOLOGY : Start End 21/22 22/23 23/24 24/25 25/26 Runway 15‐33  Pavement  Reduction  (Construction  Phase 2)  Runway 15‐33 is currently 4,423 feet long and 150 feet wide. The project will reduce width to 75 feet. New pavement marking will be applied. New LED runway lighting will be installed, which was formerly identified as PC 18159. Airport Airport 77825200. 80230 18032 N/A Greg Owen gowen@cityofu kiah.com 1403 South  State Street Infrastructure   New   2021 2022 Enterprise Yes New  Revenues Contingent upon  FAA Grant  Funding.  $       1,900,000  $          1,900,000  The FAA has made cost and project scope  adjustments. 90% FAA Grant, 5%  Caltrans.  Moved from FY 19/20 due to  FAA funding timing.  Moved from 20/21.   FAA funding not currently available for  this project. Budget  Adopted City Council  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l Comments Costs to dateAllocation to  Multi‐funds Project  Contact  Name  Improvement  Type Project  StatusProject Name Project Description Department Division Org/Object Pr oj e ct   Num be r Totals Comments Estimated Cost per Fiscal YearProject  Location Project Contact  Email  *Refer to last page of this document for definition of terms used.PAGE 4 Page 461 of 550 FIVE YEAR CAPITAL IMPROVEMENT PLAN* JULY 2021 Pavement  Rehabilitation  of Taxiways A,  A3 and A5 ‐  Design This project is for the design of Taxiways A (4,540'x55'), A3 (250'x45'), and A5 (250'x45') pavement rehabilitation assumed to be a crack fill, seal and slurry.Airport Airport 77825200. 80230 18034 N/A Greg Owen gowen@cityofu kiah.com 1403 South  State Street Infrastructure   New   2022 2023 Enterprise Yes New  Revenues Contingent upon  FAA Grant  Funding.  $          148,385  $             148,385  The FAA has made cost and project scope  adjustments. Moved from FY 21/22, and  increased by $88,385. Reviewed  and  Supported Pavement  Rehabilitation  of Taxiways A,  A3 and A5 ‐  Construction This project will cover constructionto rehabilitate pavements of Taxiways A (4,540'x55'), A3 ( 250'x45') and A5 (250'x45').Airport Airport 77825200. 80230 18035 N/A Greg Owen gowen@cityofu kiah.com 1403 South  State Street Infrastructure   New   2024 2025 Enterprise Yes New  Revenues Contingent upon  FAA Grant  Funding.  $       1,339,200  $          1,339,200  The FAA has made cost and project scope  adjustments. Moved from FY 22/23, and  increased by $839,200. Reviewed  and  Supported ‐$                 1,900,000$        148,385$            ‐$                 1,339,200$        ‐$                  3,387,585$           ELECTRIC UTILITY DEPARTMENT SUB‐TOTAL: Start End 21/22 22/23 23/24 24/25 25/26 Upgrade fish  hatchery pumps  and controls  (Hydro) Control upgrades to provide expanded abilities: 1. Remote control and monitoring from the Fish Hatchery and 2. Emergency station light and power backup to the hydro plant.  Electric Utility  Department Technical  Services 80126100. 80230 18037 N/A James  O'Brien jobrien@cityofu kiah.com 1229 Lake  Mendocino  Drive Infrastructure  New  2020 2022 Enterprise Yes Current  Revenues 200,000$           $             200,000 Budget  Adopted Automate Statio n Light & Power,  Pump  & Generator  Controls (Hydro) Hydro Plant control and power upgrades to automate emergency station light and power and hatchery backup pumps. Electric Utility  Department Technical  Services 80126100. 80230 18118 N/A James  O'Brien jobrien@cityofu kiah.com 1229 Lake  Mendocino  Drive Infrastructure  New  2020 2021 Enterprise Yes Current  Revenues 120,000$           $             120,000 Moved from FYE 21, and increased from  $80k. Budget  Adopted Community  Power  Management  Projects Power pedestal replacement program goals includes reducing energy loss,improve lighting/access control, safety and availability of power in public places.Includes charging stations and power pedestals.  Electric Utility  Department Administration 80126100. 80230 18040 N/A Cindy  Sauers csauers@cityof ukiah.com Ukiah  Electric  System Infrastructure On‐going  2018 2022 Enterprise Yes Current  Revenues 60,000$           60,000$             $                60,000  Rebudgeted to reflect workforce  scheduling allocation due to the Oak  Manor Undergrounding project.  Budget  Adopted Fairgrounds  4160 to 12,000  volt Conversion Replaces existing low voltage (4160V) system with 12,000 Volt primary rated cable and transformers and secondary conductor. Fairgrounds to provide USERC specified metering and underground duct. Removes existing low voltage (4160V) system. Electric Utility  Department Distribution 80126100. 80230 18041 N/A Cindy  Sauers csauers@cityof ukiah.com Ukiah  Electric  System Infrastructure In  Progress 2019 2024 Enterprise Yes Current  Revenues 60,000$           150,000$           150,000$            75,000$           $             375,000  Rebudgeted to reflect workforce  scheduling allocation due to the Oak  Manor Undergrounding project. Reduced  amount for FYE 20 by $120k, and  changed funding in FYE 22 & 23.  Moved  forward by 1 year, project completing  23/24. Budget  Adopted Substation and  Hydroelectric  Plant Control,  Protection and  Communication  Systems  Replacement Replace the Mendocino Hydro control, protection and communication systems hardware, program and coding for hydro specific automation control. The existing systems are outdated with limited after‐market support and no new replacement part availability.   Electric Utility  Department Technical  Services 80126100. 80230 18042 N/A James  O'Brien jobrien@cityofu kiah.com 1229 Lake  Mendocino  Drive Infrastructure In  Progress 2017 2024 Enterprise Yes Current  Revenues 30,000$           25,000$              80,000$           $             105,000  Reduced amount in FYE 20 by $105k,  added funding in FYE 21 & 22.  Increased  FYE 21 from $175k.  Engineering  complete, installation to start 3/2021. Budget  Adopted Underground  Capital System  Improvements  (<$50,000 each) Transformer replacement and upgrades, wood pole testing and replacement, system capacity improvements and protection, control, monitoring and communication enhancements. Electric Utility  Department Distribution 80126100. 80230 18043 N/A Cindy  Sauers csauers@cityof ukiah.com Ukiah  Electric  System Infrastructure On‐going  2018 2025 Enterprise Yes Current  Revenues 100,000$         230,000$           235,000$            235,000$        235,000$           $             935,000 Budget  Adopted Overhead  Capital System  Improvements  (<$50,000 each) Transformer replacement and upgrades, system capacity improvements and protection, control,  monitoring and Communication enhancements. Electric Utility  Department Distribution 80126100. 80230 18044 N/A Cindy  Sauers csauers@cityof ukiah.com Ukiah  Electric  System Infrastructure On‐going  2018 2025 Enterprise Yes Current  Revenues 310,000$         250,000$           250,000$            250,000$        250,000$           $          1,000,000  Reduced FYE 20 by $140k, and reduced  all future years to $250k/yr.  Increased  FYE 21 from $250k. Budget  Adopted Governor speed  control & Valve  Upgrades  (Hydro) Upgrades to the governor sensing, controller and feedback transducers to improve performance and reliability. Existing governor controls frequently are out of service due to failure or adjustment.    Electric Utility  Department Technical  Services 80126100. 80230 18047 N/A James  O'Brien jobrien@cityofu kiah.com 1229 Lake  Mendocino  Drive Infrastructure  New  2020 2023 Enterprise Yes Current  Revenues 350,000$           $             350,000  Moved from beginning FYE 21  due to  COVID‐19.  Project was spread between  FYE 22 and FYE 23.  Combined into FYE 22  and reduced by $30k. Reviewed Oak Manor  Dr.  Overhead to  Underground  Conversion Install cable and associated equipment for replacing the overhead facilities Electric Utility  Department Distribution 80126100. 80230 18121 N/A Scott  Bozzoli sbozzoli@cityof ukiah.com Oak Manor  Dr.Infrastructure  New  2021 2022 Enterprise Yes Current  Revenues 200,000$            $             200,000 Reduced amount from $500k, moved  from FYE 21.  Moved from FYE 22.Reviewed Policy and  Legislated  System  Modifications System design, equipment and installation to conform to mandated industry standards. Proposed fire mitigation requirements require selected equipment to be replaced or protected to reduce fire risk.  Electric Utility  Department Distribution 80126100. 80230 18124 N/A Cindy  Sauers csauers@cityof ukiah.com Various Infrastructure  New  2019 2025 Enterprise Yes Current  Revenues 100,000$           100,000$            100,000$        100,000$           $             400,000 Reduced amount for FYE 20 from $80k,  and amounts from $200k FYE 22 onward. Budget  Adopted Hydroelectric  Plant Transfer  Trip Upgrade Upgrade existing and provide redundancy for Hydro transfer trip circuit Electric Utility  Department Technical  Services 80126100. 80230 18125 N/A James  O'Brien jobrien@cityofu kiah.com Hydro Plant Infrastructure  New  2019 2020 Enterprise Yes Current  Revenues 3,000$             195,000$           $             195,000  Reduced amount for FYE 20 from $225k,  and added funds to FYE 21.  Moved from  FYE 21. Reviewed State St.  Underground  Phase II, District  5:  Overhead to  Underground Relocates or underground overhead electric, phone and cable TV utilities ‐ Henry to Norton, Mill to Gobbi. Electric Utility  Department Distribution 80126100. 80230 18259 N/A Cindy  Sauers csauers@cityof ukiah.com State Street Infrastructure  New  2021 2022 Enterprise Yes Current  Revenues 35,000$             850,000$            $             885,000 Reviewed Fire Mitigation  Grant Matching Matching 25% funds for FEMA HMG for fire mitigation undergrounding, vegetation management and design services.  Electric equipment and wire. Electric Utility  Department Distribution 80126100. 80230 18260 N/A Cindy  Sauers csauers@cityof ukiah.com Clay St.,  Standley  St., Park  Blvd.,  Barnes and Infrastructure  New  2021 2023 Enterprise Yes Current  Revenues 200,000$           400,000$            200,000$        50,000$              $             850,000 Reviewed 563,000$         1,890,000$        2,210,000$        940,000$        635,000$           ‐$                  5,675,000$           Project Name Project Description Department Division Org/Object Project  Number Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  City Council  Status Funding  Type Funding Type  Add'l Comments Costs to date Totals Comments Project  Location Improvement  Type Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Estimated Cost per Fiscal Year SUB‐TOTAL: *Refer to last page of this document for definition of terms used.PAGE 5 Page 462 of 550 FIVE YEAR CAPITAL IMPROVEMENT PLAN* JULY 2021 PUBLIC WORKS DEPARTMENT Start End 21/22 22/23 23/24 24/25 25/26 Corporation  Yard  Remediation  System Removal This project will remove the Underground Storage Tank cleanup equipment. Public Works Corporation  Yard 20824300. 52100 18261 N/A Dave Kirch dkirch@cityofu kiah.com 1320  Airport  Road Infrastructure New 2021 2022 Enterprise Yes Insurance  $          150,000  $             150,000 Reviewed Corporation  Yard Security This project will improve security in order to prevent further break‐ins and theft. Public Works Corporation  Yard 20824300. 80230 TBD N/A Dave Kirch dkirch@cityofu kiah.com 1320  Airport  Road Infrastructure New 2021 2022 Enterprise Yes Current  Revenues Fiscal Year  Allocation TBD  $                        ‐    Prioritization and funding source(s) under  review.   Department estimate/request is  $100,000 Reviewed Corporation  Yard  Rehabilitation This project will upgrade the Corporation Yard Facilities. Public Works Corporation  Yard 20824300. 80230 TBD N/A Dave Kirch dkirch@cityofu kiah.com 1320  Airport  Road Infrastructure New 2021 2022 Enterprise Yes Current  Revenues Fiscal Year  Allocation TBD  $                        ‐    Prioritization and funding source(s) under  review. Department estimate/request is  $2,500,000 for existing location; Location  evaluation will need to be completed to  determine best long location for the yard  and/or continued use of existing site. Reviewed Landfill Closure This project will permanently close the Landfill Disposal site per Federal Mandates. Public Works Landfill 70224500. 80230 18025 N/A Tim Eriksen teriksen@cityof ukiah.com 3100 Vichy  Springs  Road Infrastructure In  Progress 2021 2022 Enterprise Yes Current  Revenues  $    10,343,287  $        10,343,287  Project specifics will require additional  Council review.  Moved from FYE 20 to  FYE 21.  EIR Litigation in progress.   Construction projected for FYE 22 so  moved from FYE 21. Budget  Adopted ‐$                 10,493,287$      ‐$                    ‐$                 ‐$                    ‐$                  10,493,287$         WATER RESOURCES DEPARTMENT Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Totals Comments City Council  Status Estimated Cost per Fiscal Year SUB‐TOTAL: Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l Comments Costs to dateAllocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Project  Location Improvement  Type Project  Status Start End 21/22 22/23 23/24 24/25 25/26 Henderson Lane  Water Main  Replacement Project is needed in order to upgrade a failing water main. This is needed in order to provide potable water to the Water customers. Water  Resources Water  Treatment Plant 82227113. 80230 18051 N/A Jarod Thiele jthiele@cityofu kiah.com Henderson  Lane Infrastructure In  Progress 2018 2022 Enterprise Yes Current  Revenues  $         15,800   $            70,000  $                70,000  Design Complete.  Moved from FYE 20 to  FYE 21  due to COVID‐19. Reduced  amount from $150k. Budget  Adopted Water Main  Replacements Plan for water main replacements throughout the City.Water  Resources Water  Operations 82227113. 80230 18072 N/A Jarod Thiele jthiele@cityofu kiah.com Various Infrastructure On‐going 2020 2026 Enterprise Yes Current  Revenues  $          500,000   $       1,500,000   $    1,500,000   $       1,500,000   $     1,500,000  $          6,500,000 Added funding for FYE 25 and  FYE 26.  Reduced FYE 22 from $1.5M. Budget  Adopted Phase 4  Recycled Water This project will provide an additional irrigation source for City Parks,Golf Course, Cemetery and Schools. This will reduce the demand on the potable water system and reduce discharge to the Russian River Water  Resources Recycled Water 83027330. 80230 18052 N/A Sean White swhite@cityofu kiah.com Brush  Street to  Golf Course Infrastructure New 2024 2025 Enterprise Yes New  Revenues Will be funded  by  grant/loan. $         43,700   $     18,500,000  $        18,500,000  Environmental documentation is  complete. Design began in December,  2018. Modified funding comments to  eliminate a shared cost with Sewer.   Moved budget from FYE 21.  Moved from  FYE 22  due to COVID‐19 ‐ feasibility still  under review.  Reviewed  and  Supported Chlorine  Residual  Valve/Alarm on  Discharge Engineering and installation. Critical safety valve to monitor the outflow of chlorinated water into the river. Water  Resources Wastewater  Treatment Plant 84027225. 80230 18054 N/A David Kirch dkirch@cityofu kiah.com 300 Plant  Road Infrastructure New 2018 2022 Enterprise Yes Current  Revenues  $          150,000  $             150,000 Rebudgeting.  Moved from FYE 20. Reviewed This project will replace the sewer main on Dora Street from Mill Street to Grove Avenue as well as all sewer laterals Sewer  Operations 84427221. 80230 N/A Jarod Thiele jthiele@cityofu kiah.com Dora Street Infrastructure New 2022 2023 Enterprise Yes Current  Revenues  $          400,000  This project will replace the water main on Dora Street from Mill Street to Grove Avenue as well as all hydrant, valves and service connections Water  Operations 82227111. 80230 N/A Jarod Thiele jthiele@cityofu kiah.com Dora Street Infrastructure New 2022 2023 Enterprise Yes Current  Revenues  $          800,000  Replace Heat  Exchangers This project will replace deteriorating heat exchangers for the operationoftheDigesterand Boilers Water  Resources Wastewater  Treatment Plant 84027225. 80230 18131 N/A David Kirch dkirch@cityofu kiah.com 300 Plant  Road Infrastructure New 2023 2024 Enterprise Yes Current  Revenues  $       750,000  $             750,000 Moved from FYE 21  due to COVID‐19.  Reviewed Rehabilitation  of Zone 2  Booster Pump  Upgrade the enclosure and electrical components in the structure enclosing the booster pump for Pressure Zone 2 to increase reliability and security Water  Resources Water  Operations 82227113. 80230 TBD N/A David Kirch dkirch@cityofu kiah.com Golf Course Infrastructure New 2024 2025 Enterprise Yes Current  Revenues  $            50,000  $                50,000 Moved from FYE 23  due to COVID‐19. Reviewed Replace Water  Main on Low  Gap Street Replace the 16 inch steel water main from North State Street to North Bush Street concurrent with Phase 4 of the Recycled Water Project Water  Resources Water  Operations 82227113. 80230 TBD N/A Don Brown dwbrown@city ofukiah.com Low Gap  Street Infrastructure New 2024 2025 Enterprise Yes Current  Revenues  $          500,000  $             500,000 Moved from FYE 22  due to COVID‐19.  Reviewed Replace Various  Water Mains Replace water mains on Clay Street, Pine Street, Spring Street, etc.Water  Resources Water  Operations 82227113. 80230 18262 N/A Don Brown dwbrown@city ofukiah.com Various Infrastructure New 2021 2022 Enterprise Yes Current  Revenues  $          400,000  $             400,000  Removed budget from FYE 21  due to  COVID‐19. Increased budget from $250k  in FYE 22, and eliminated $250k in FYE  23, 24 and 25. Reviewed Replace Sewer  Main on Low  Gap Street Replace the 15 inch  and 6 inch sewer main from North State Street to North Bush Street concurrent with Phase 4 of the Recycled Water Project Water  Resources Sewer  Operations 84427222. 80230 TBD N/A Don Brown dwbrown@city ofukiah.com Low Gap  Street Infrastructure New 2024 2025 Enterprise Yes Current  Revenues  $          500,000  $             500,000 Moved from FYE 22 due to COVID‐19.  Reviewed Reseal Wash  Water Basins Remove and Replace Seal on Wash Water Basins Water  Resources Wastewater  Treatment Plant 84027225. 80230 18192 N/A Alan Hodge ahodge@cityof ukiah.com 300 Plant  Road Infrastructure New 2020 2021 Enterprise Yes Current  Revenues  $            40,000  $                40,000 Moved from FYE 21.Budget  Adopted Upgrade PLC's Upgrade old Programmable Logic Controls.Water  Resources Wastewater  Treatment Plant 84027225. 80230 TBD N/A Alan Hodge ahodge@cityof ukiah.com 300 Plant  Road Infrastructure New 2023 2025 Enterprise Yes Current  Revenues  $          350,000  $             350,000  Moved from FYE 22  due to COVID‐19.  Moved from FYE 24, and increased from  $200k. Reviewed Sludge Lagoon  Remediation Prepare plans and specifications for the removal of sludge from the sludge lagoon.Water  Resources Wastewater  Treatment Plant 84027225. 80230 18257 N/A Alan Hodge ahodge@cityof ukiah.com 300 Plant  Road Facilities/  Buildings/Land New 2021 2023 Enterprise Yes Current  Revenues  $            50,000   $          400,000  $             450,000 Reviewed Recondition  Levees Recondition the levees on the Percolation Ponds.Water  Resources Wastewater  Treatment Plant 84027225. 80230 TBD N/A Alan Hodge ahodge@cityof ukiah.com 300 Plant  Road Infrastructure New 2024 2025 Enterprise Yes Current  Revenues  $          200,000  $             200,000 Eliminated $200k for 2 prior years  due to  COVID‐19. Reviewed 59,500$           1,210,000$        3,100,000$       2,250,000$     21,600,000$      1,500,000$      29,660,000$         622,500$         15,493,287$      5,458,385$       3,190,000$     23,574,200$      1,500,000$      49,215,872$         City Council  Status Estimated Cost per Fiscal Year Dora Street  Utility  Improvement  Project‐ Water  & Sewer Water  Resources 18127  $          1,200,000  Funding  Type Funding Type  Add'l Comments Costs to date Totals Comments Project  Location Improvement  Type Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  SUB‐TOTAL: TOTALS FOR INFRASTUCTURE : Reviewed Contingent upon rate study.  Moved from  FYE 21. Note that rate study based on  happening in FYE 21.  Moved from FYE  22. *Refer to last page of this document for definition of terms used.PAGE 6 Page 463 of 550 FIVE YEAR CAPITAL IMPROVEMENT PLAN* JULY 2021 PUBLIC WORKS DEPARTMENT STREETS & RIGHTS‐OF‐WAY Start End 21/22 22/23 23/24 24/25 25/26 12024200. 80230 2022 2023 Special  Revenue Yes Current  Revenues Measure Y  $       2,000,000  50024220. 80230 2022 2023 Special  Revenue Yes Current  Revenues Gas Tax  $          700,000  East Clay Street  Improvement  Project This project will improve East Clay Street from Main Street to the Railroad Crossing in order to facilitate the development of the new Courthouse site. This project includes water, sewer, pedestrian facilities and drainage facilities as well as reconstruction of the street section. Public Works Engineering 12024200. 80230 18128 No Tim Eriksen teriksen@cityof ukiah.com Clay Street Streets & Rights‐ of‐Way New 2024 2025 Special  Revenue No New  Revenues Measure Y  $          750,000  $             750,000  Introduced and discussed at the January  16, 2019 Council meeting.  Moved from  FYE 21. Moved from FYE 23. Reviewed Street Striping This will update striping on streets in selected areas. Public Works Engineering 12024200. 52100 18251 N/A Jarod Thiele jthiele@cityofu kiah.com Various  Streets Streets & Rights‐ of‐Way Complete d 2019 2026 Special  Revenue Yes Current  Revenues Measure Y  $            50,000   $             60,000   $         60,000   $            60,000   $          60,000  $             290,000  Ongoing work. Eliminated FYE 21  due to  COVID‐19. Added funding to FYE 25 and  26. Reviewed Public Works Engineering 12024200. 80230 Yes Tim Eriksen teriksen@cityof ukiah.com Orr Street  at Orr  Creek Streets & Rights‐ of‐Way In  Progress 2021 2022 Capital  Projects Yes New  Revenues CDBG Grant  $          150,000  Public Works Engineering 25124220. 80230 Yes Tim Eriksen teriksen@cityof ukiah.com Orr Street  at Orr  Creek Streets & Rights‐ of‐Way In  Progress 2022 2023 Capital  Projects Yes New  Revenues  $          254,438  Low Gap Road  and North Bush  Street  Roundabout This project will complete the environmental, ROW, and design phases for a roundabout at Low Gap Road and N. Bush St.  Construction phase not currently funded.Public Works Engineering 50924210. 80230 15024 N/A Tim Eriksen teriksen@cityof ukiah.com Low Gap  Road and N.  Bush St. Streets & Rights‐ of‐Way In  Progress 2021 2022 Special  Revenue Yes Current  Revenues $110k Design  Funded,  Construction  Funding Not  Approved.  $          750,000  $             750,000  Design authorized, but project requires  additional Council review. Moved from  FYE 22, and reduced from $1.5 mil  due  to COVID‐19.  Moved from FYE 21. Budget  Adopted Slurry Seal  Project This project will improve the Streets network.  Public Works Engineering 12024200. 52100 18252 N/A Daniel  Flores dflores@cityofu kiah.com Various  Streets Streets & Rights‐ of‐Way Complete d 2019 2026 Special  Revenue Yes Current  Revenues Measure Y  $       426,000   $          350,000   $          400,000   $       250,000   $          250,000   $        250,000  $          1,500,000  Going out to bid.  Budget will be utilizing  FYE 21 anticipated revenue.  Had utilized  this year's budget for other projects.   Increased budget from $200k FYE 22.   Increased budget from $400k FYE 21,   from $200k in FYE 23, and from $200k in  FYE 24. Added budget in FYE 25 and 26. Budget  Adopted Gobbi/Main  Traffic Signal This project will alleviate traffic for better vehicle flow. Public Works  Traffic Signal 50724620. 80230 18073 N/A Jarod Thiele jthiele@cityofu kiah.com Gobbi  Street/  Waugh  Lane Streets & Rights‐ of‐Way New 2022 2023 Special  Revenue No New  Revenues Will need to apply  for STIP funding. $          800,000  $             800,000 Moved from FYE 22 due to COVID‐19.  Reviewed Main Street  Reconstruction  Project Reconstruct Main Street, from Gobbi to Mill. Public Works Engineering 12024200. 80230 TBD N/A Andrew  Stricklin astricklin@cityo fukiah.com Main Street Streets & Rights‐ of‐Way New 2022 2023 Special  Revenue Yes Current  Revenues Measure Y  $          500,000  $             500,000 Moved from FYE 22  due to COVID‐19.  Reviewed Clara Avenue  Reconstruction  Project Reconstruct Clara Avenue, from State to Orchard. Public Works CDBG 12024200. 80230 TBD N/A Jason  Benson jbenson@cityof ukiah.com Clara  Avenue Streets & Rights‐ of‐Way New 2021 2022 TBD Yes New  Revenues TBD  $     2,000,000  $          2,000,000  Moved from FYE 21.  Moved from FYE 22.  Formerly thought to be eligible for CDBG  funding. Reviewed Leslie Street  Rehabilitation  Project Rehabilitate Leslie Street, Gobbi to Perkins. Public Works CDBG 12024200. 80230 TBD N/A Jason  Benson jbenson@cityof ukiah.com Leslie Street Streets & Rights‐ of‐Way New 2022 2023 Grant  Funded Yes New  Revenues CDBG Funding  Opportunity  $       1,500,000  $          1,500,000 Moved from FYE 21. Reviewed Perkins Street  Storm Drain and  Widening  Project This project will add a storm drain on East Perkins Street and widen the intersection at Orchard Avenue to add another East Bound through lane.Public Works  Streets 10024620. 80230 TBD N/A Andrew  Stricklin astricklin@cityo fukiah.com East Perkins  Street Streets & Rights‐ of‐Way New 2022 2023 Special  Revenue No New  Revenues Measure Y  $       2,277,000  $          2,277,000 Reviewed South Ukiah  Rehabilitation  Project This project will overlay S. Dora Street from Beacon Lane to Washington, and S. State Street from Beacon Lane to Observatory, including ADA pedestrian improvements.Public Works  Streets 12024200. 80230 18254 N/A Andrew  Stricklin astricklin@cityo fukiah.com Dora/State Streets & Rights‐ of‐Way New 2021 2022 Special  Revenue Yes Current  Revenues Measure Y  $       2,200,000  $          2,200,000 Reviewed Great Redwood  Trail‐ Phase 4 This project will extend the Great Redwood Trail from Commerce Drive to Norgard Lane Public Works Engineering 51124210. 80230 18253 N/A Jason  Benson jbenson@cityof ukiah.com Railroad  ROW Streets & Rights‐ of‐Way New 2021 2023 Grant  Funded Yes New  Revenues Urban Greening  Grant  $       3,563,212  $          3,563,212 Grant has been awarded. Moved full  project for completion in FYE 22.Reviewed Great Redwood  Trail‐ Phase 5 This project will extend the Great Redwood Trail from Brush Street to Hensley Creek Road Public Works Engineering TBD TBD N/A Jason  Benson jbenson@cityof ukiah.com Railroad  ROW Streets & Rights‐ of‐Way New 2022 2024 Grant  Funded No New  Revenues Urban Greening  Grant  $          275,000   $    8,000,000  $          8,275,000 Reviewed Gobbi Street  Reconstruction Reconstruct Gobbi Street in 2 separate projects (US101 to State Street) and (State Street to Dora Street)Public Works Engineering 12024200. 80230 TBD N/A Andrew  Stricklin astricklin@cityo fukiah.com Gobbi  Street Streets & Rights‐ of‐Way New 2023 2024 Special  Revenue Yes Current  Revenues Measure Y  $    1,500,000  $          1,500,000 Reviewed Hastings/Airport  Road  Alternative  Transportation  Route Public Works Engineering will analyze and develop a conceptual plan for an alternative transportation route and/or mitigation measures for Hastings/Airport Rd north of the Ukiah Municipal Airport in an effort to accommodate a future runway extension to 5,000 feet. The expanded runway alternative will be evaluated during the review and update of the airport land use plan (ALP) and is an important step to ensure the Ukiah Airport is prepared to accommodate future aviation needs of the region including fire service. Public Works Engineering N/A TBD N/A Tim Eriksen teriksen@cityof ukiah.com Hastings/Ai rport Road Streets & Rights‐ of‐Way New 2021 2022 N/A Yes Current  Revenues N/A  $                        ‐    FYE 22 project ‐ no budget impact as the  work will be done by in‐house  engineering staff. Reviewed Airport Park  Blvd South  Extension Public Works Engineering will analyze and develop a conceptual plan for a south extension of Airport Park Blvd. out of the Redwood Business Park and connecting to southern Ukiah transportation infrastructure.    Public Works Engineering N/A TBD N/A Tim Eriksen teriksen@cityof ukiah.com Airport Park  Blvd Streets & Rights‐ of‐Way New 2022 2023 N/A Yes Current  Revenues N/A  $                        ‐    FYE 23 project ‐ no budget impact as the  work will be done by in‐house  engineering staff. Reviewed 426,000$         7,063,212$        8,766,438$       9,810,000$     1,060,000$        2,310,000$      29,009,650$         426,000$         7,063,212$        8,766,438$       9,810,000$     1,060,000$        2,310,000$      29,009,650$         Project Name Project Description Department Org/Object Pr oj e ct   Num be r Totals Comments City Council  Status Funding  Type Funding Type  Add'l Comments Costs to date Estimated Cost per Fiscal YearProject  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Project  Location Improvement  Type Project  StatusDivision Moved from FYE 21, and added $700k to  Measure Y cost.  Moved from FYE 22.ReviewedJarod Thiele jthiele@cityofu kiah.com Dora Street Streets & Rights‐ of‐Way New  $          2,700,000  Dora Street  Utility  Improvement  Project This project will replace the water main, sewer main and reconstruct the street on Dora  Street from Mill Street to Grove Avenue.Public Works Engineering 18127 Yes SUB‐TOTAL: TOTALS FOR STREETS & RIGHTS‐OF‐WAY : Orr Street  Bridge This project will improve the bridge on Orr Street at Orr Creek.   18065  $             404,438  The City has received $150k to fund a  planning study for Orr Street Bridge and  the Orr Street transportation corridor.  Activities include completion of a study  to analyze existing conditions of the  street, including the transportation  corridor and bridge, as well as the  completion of a plan and preparation of  plans and specifications and an  Engineer's Cost Estimate to be used for a  future public improvement project. Reviewed *Refer to last page of this document for definition of terms used.PAGE 7 Page 464 of 550 FIVE YEAR CAPITAL IMPROVEMENT PLAN* JULY 2021 AIRPORT VEHICLES, MACHINERY & EQUIPMENT Start End 21/22 22/23 23/24 24/25 25/26 Replace 20,000  gallon fuel tank  with 20,000  gallon Jet A tank Current tank is a split fuel system, containing both Jet A fuel and Avgas. Conversion to Jet A is necessary to maximize the fuel sources for the airport, and provide better service to its customers.Airport Airport 77925200. 80100 15042 N/A Greg Owen gowen@cityofu kiah.com 1411 South  State Street Vehicles,  Machinery &  Equipment   In  Progress  2021 2022 Enterprise Yes Current  Revenues  $          150,000  $             150,000  Moved from FYE 20. Current revenues  may not be adequate, external funding  may be necessary. Reviewed Water Tender ‐  Shared Cost Current tank is a split fuel system, containing both Jet A fuel and Avgas. Conversion to Jet A is necessary to maximize the fuel sources for the airport, and provide better service to its customers.Airport Airport 77925200. 80100 V2543 Shared with  100 Parks,  100 Streets,  820 Water,  and 840  Wastewater David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment Deferred 2022 2023 Enterprise Yes Current  Revenues  $             10,000  $                10,000  Spent over $15k this past year for rental  of a unit.  Moved from FYE 22.  If new  Fire Tender is approved for FYE 22, the  replaced unit will become available for  other City departments, and this item will  then be eliminated. Reviewed ‐$                 150,000$           10,000$              ‐$                 ‐$                    ‐$                  160,000$               Totals Comments City Council  Status SUB‐TOTAL: Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l Comments Costs to dateAllocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Project  Location Improvement  TypeProject Description COMMUNITY SERVICES DEPARTMENT Department Division Org/Object Pr oj e ct   Num be r Estimated Cost per Fiscal YearProject  StatusProject Name Start End 21/22 22/23 23/24 24/25 25/26 Replacement  Truck Replacement of vehicles that are no longer cost effective to repair.Community  Services Parks 10022100. 80100 V737 N/A Jarrod  Meyer jmeyer@cityofu kiah.com 300  Seminary  Avenue Vehicles,  Machinery &  Equipment New 2022 2023 General No Current  Revenues  $             40,000  $                40,000 Moved to FYE 22.  Moved to FYE 23. Reviewed Replacement  Truck Replacement of vehicles that are no longer cost effective to repair.Community  Services Parks 10022100. 80100 18066 N/A Jarrod  Meyer jmeyer@cityofu kiah.com 300  Seminary  Avenue Vehicles,  Machinery &  Equipment New 2023 2024 General No Current  Revenues  $         55,000  $                55,000 Moved to FYE 24 Reviewed Replacement  Truck‐ Building  Maintenance  Replacement truck is necessary Community  Services Building  Maintenance 20822500. 80100 V2642 N/A Kerry  Randall krandall@cityof ukiah.com 300  Seminary  Avenue Vehicles,  Machinery &  Equipment Deferred 2022 2023 General No Reserves  $             48,000  $                48,000 Moved to FYE 22.  Moved to FYE 23. Reviewed Bucket Truck  Replacement ‐  Shared Cost There are currently two bucket trucks, Vehicle #2221, a 1992 Ford F450 which is being put into surplus in fiscal year 2017/2018, and Vehicle #2230, a 1995 Ford F450, which will be kept into service until it is replaced. It is used to trim street and park trees, and also assists in hanging banners which promote City services and activities which benefit the community. Two divisions share the cost:  $100,000 total Community  Services Parks 10022100. 80100 V2224 Shared with  100 Streets David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment Deferred 2022 2023 General No Current  Revenues  $             55,000  $                55,000 Look to match replacement with surplus  from Electric Utility.  Moved to FYE 23.Reviewed Water Tender ‐  Shared Cost The current water tender no longer meets emission standards and is inoperable. Will be used to water street trees, Riverside Park, fill Vactor trucks and be available to support mowing and Fire operations.  Five divisions share the cost:  $150,000 total Community  Services Parks 10022100. 80100 TBD Shared with  100 Streets,  779 Airport,  820 Water,  and 840  Wastewater David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment Deferred 2022 2023 Enterprise No Current  Revenues  $             10,000  $                10,000  Reduced amount from $10k to split cost  with Airport based on anticipated use.   Spent over $15k this past year for rental  of a unit.  Moved from FYE 21 due to  COVID‐19. Moved from FYE 22.  If new  Fire Tender is approved for FYE 22, the  replaced unit will become available for  other City departments, and this item will  then be eliminated. Reviewed Parks Service  Vehicle EV/Low Fuel/Hybrid Vehicle(s) for Service of Park Facilities.Community  Services Parks 10022100. 80100 V3765 N/A Jarrod  Meyer jmeyer@cityofu kiah.com 300  Seminary  Avenue Vehicles,  Machinery &  Equipment New 2021 2022 General Yes Current  Revenues  $            40,000  $                40,000  Increasing park acreage requires increase  in Park staffing, which will also require an  additional vehicle. Reviewed Generator  Installation at  the Ukiah Valley  Conference  Center Generator for the Ukiah Valley Conference Center.Community  Services Conference  Center 73022600. 80100 18265 /1826 6 N/A Mel Grandi mgrandi@cityof ukiah.com 411 West  Clay Street Vehicles,  Machinery &  Equipment New 2021 2022 CDBG Yes New  Revenues Grant funds.  $          120,845  $             120,845 Reviewed Ice Skating Rink Purchase of materials and supplies necessary to build a 40' x 100' ice skating rink. Will include rink floor, all piping & hoses, dasherboards, access gates, board anchors, Ice Wizard resurfacer, gas powered edger, 300 pairs of rental skates, ice skate sharpener, 95 black rubber mats, vapor barrier, 500 gallons of glycol, ice skate racks and all other necessary ice tools. Chiller and tent would be rented annually. The cost of this purchase is less than the cost of renting the same materials for 2 years. Community  Services Ice Rink 31422860. 80100 18193 N/A Jake  Burgess jburgess@cityof ukiah.com 411 West  Clay Street Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $          150,000  $             150,000  Purchase will has a positive rate of return  within two years. Moved from FYE 21 due  to COVID‐19. Moved from FYE 22. Reviewed ‐$                 160,845$           303,000$            55,000$           ‐$                    ‐$                  518,845$               CITY MANAGER DEPARTMENT Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  City Council  Status Funding  Type Funding Type  Add'l Comments Costs to date Totals Comments Project  Location Improvement  Type Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Estimated Cost per Fiscal Year SUB‐TOTAL: Start End 21/22 22/23 23/24 24/25 25/26 Parking Meter  Replacement Replacing parking meters.   City Manager Economic  Development 64012600. 80230 18165 N/A Traci Boyl tboyl@cityofuki ah.com Downtown Vehicles,  Machinery &  Equipment Deferred 2021 2022 Enterprise Yes Current  Revenues 400,000$           $             400,000  Funded by line of credit loan proceeds  being secured by Finance as part of a  larger capital improvement funding  strategy.  Moved from FYE 20 year.   Installation will coincide with Streetscape  Project.  Funding secured through bond  issuance; project put on hold due to  COVID‐19 and will resume when market  conditions allow.  Moved from FYE 21. Budget  Adopted ‐$                 400,000$           ‐$                    ‐$                 ‐$                    ‐$                  400,000$               Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Project  Location Improvement  Type Comments City Council  StatusTotals Estimated Cost per Fiscal Year SUB‐TOTAL: Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l Comments Costs to date *Refer to last page of this document for definition of terms used.PAGE 8 Page 465 of 550 FIVE YEAR CAPITAL IMPROVEMENT PLAN* JULY 2021 ELECTRIC UTILITY DEPARTMENT Start End 21/22 22/23 23/24 24/25 25/26 Electric Meter  Replacements Electric Meter Replacement and cloud based data management system improving customer access to outage information, usage data and provide customer selectable notifications. Electric Utility  Department Technical  Services 80126100. 80100 15080 N/A Cindy  Sauers csauers@cityof ukiah.com ah Electric Sys Vehicles,  Machinery &  Equipment In  Progress 2018 2022 Enterprise Yes Current  Revenues 1,000$             500,000$           2,000,000$        $          2,500,000 Currently in the planning stage.  Moved  from starting FYE 21. Budget  Adopted Lift Replaces a high capacity fork lift due to 1. Air quality standards to update/improve engine emissions and 2. Due to the equipment’s condition and age. Electric Utility  Department Distribution 80126100. 80100 E1721 N/A Tim Santo tsanto@cityofu kiah.com N/A Vehicles,  Machinery &  Equipment  New  2021 2022 Enterprise Yes Current  Revenues 125,000$           $             125,000 Moved to FYE 22.  Increased amount  from $70k.Reviewed Utility/Inspector  Truck Replaces 2003 F250 with EV Truck Electric Utility  Department Distribution 80126100. 80100 TBD N/A Tim Santo tsanto@cityofu kiah.com N/A Vehicles,  Machinery &  Equipment  New  2022 2023 Enterprise Yes Current  Revenues   90,000$              $                90,000  EV options will hit market in FYE 21/22;  Planned for FYE 22/23 to ensure quality  of vehicle outside of 1st Generation  models.  Reviewed Trouble Truck Replaces V2233 Ford F‐550 AT40‐G Articulating Telescopic Aerial Lift Super cab.Electric Utility  Department Distribution 80126100. 80100 TBD N/A Tim Santo tsanto@cityofu kiah.com N/A Vehicles,  Machinery &  Equipment  New  2024 2025 Enterprise Yes Current  Revenues   200,000$        $             200,000 Reviewed 1,000$             625,000$           2,090,000$        200,000$        ‐$                    ‐$                  2,915,000$           FINANCE DEPARTMENT Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Totals Comments City Council  Status SUB‐TOTAL: Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l Comments Costs to dateAllocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Project  Location Improvement  Type Project  Status Estimated Cost per Fiscal Year Start End 21/22 22/23 23/24 24/25 25/26 Truck ‐ Utility  Service  Attendant Current vehicle approaching the end of it's useful life. Finance  Utility Billing 20513300. 80100 TBD N/A Lori Martin lmartin@cityofu kiah.com 300  Seminary  Avenue Vehicles,  Machinery &  Equipment New 2022 2023 Internal  Service No New  Revenues  $             35,000  $                35,000 Reviewed ‐$                 ‐$                    35,000$              ‐$                 ‐$                    ‐$                  35,000$                 FIRE AUTHORITY Project  Location Improvement  Type Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l Comments SUB‐TOTAL: Costs to date Estimated Cost per Fiscal Year Totals Comments City Council  StatusProject Name Project Description Department Division Org/Object Pr oj e ct   Num be r Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Start End 21/22 22/23 23/24 24/25 25/26 Command/  Chief Vehicle This new Command/Chief vehicle would serve as a Division Chief's vehicle.It will replace C‐ 6805, a 2006 Chevy 2500 HD, with current mileage of 106,495. The vehicle transmission is currently failing, leaving the vehicle unfit, unreliable, and leaving team members in a possibly unsafe or life‐threatening environment during fire suppression activities. However, the vehicle can be repurposed as a non‐suppression utility vehicle for the department. Fire Authority City Fire 10021210. 80100 V3165 N/A Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  State Street Vehicles,  Machinery &  Equipment  New  2021 2022 General Yes New  Revenues  $            75,000  $                75,000   Moved from FYE 21 due to COVID‐19.  Increased the amount from $50k to  include vehicle outfitting.  Moved from  FYE 21. Reviewed Command/  Chief Vehicle This new Command/Chief vehicle will serve as a Command/Chief vehicle.  It will replace D‐ 6802, a 2007 Chevy 2500 HD with 84,072 miles. This vehicle's transmission is also currently failing along with multiple other problems, leaving the vehicle unfit, unreliable, leaving team members in a possibly unsafe or life‐threatening environment during fire suppression activities.  This vehicle will be decommissioned and placed as surplus.   Fire Authority District Fire 91721400. 80100 18277 N/A Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  State Street Vehicles,  Machinery &  Equipment  New  2021 2022 District Yes New  Revenues  $            75,000  $                75,000  Purchase cost covers Fire Service  Emergency Vehicle outfitting (Lights,  Siren, Radio's, etc.,) Reviewed Auto Extrication  Equipment It is recommended to replace our aging gas powered hydraulic auto extrication equipment, commonly know as the "Jaws Of Life".  Replacement units will consist of newer technology battery operated E‐Hydraulic extrication equipment.  These newer units will eliminate heavy gas powered motors and associated hydraulic lines increasing mobility and range of use. This will be a three year phased purchase to replace the units currently in service. Fire Authority City/District Fire 91621400. 80100 &  25321210. 80100 18101 Yes Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  State Street Vehicles,  Machinery &  Equipment Ongoing 2019 2022 Special  Revenue Yes Current  Revenues Prop. 172  $         57,274   $            33,000  $                33,000  The first set has been purchased and  placed into service.  Second set has been  purchased.  Final purchase set planned  for FYE 22. Budget  Adopted SCBA  Compressor This specialized unit is necessary and mandatory to fill Self‐Contained Breathing Apparatus Bottles crucial for the Ukiah Valley Fire Authority to carry out our mission of saving and protecting life, property, and the environment. This unit will be housed at the Central Station and will replace our current mobile air unit, which is currently out of service. Fire Authority City Fire 10021210. 80100 18195 N/A Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  State Street Vehicles,  Machinery &  Equipment New 2021 2022 General Yes New  Revenues  $            60,000  $                60,000 This will require new funding.  Moved  from FYE 21 due to COVID‐19. Reviewed SCBA/Gear  Sanitizer This unit is critical for sanitation of fire protection gear and equipment used and worn by team members, due to the increasing awareness of cancer causing exposures faced by Fire Personnel. The sanitation of gear and equipment has been proven to reduce the risk to cancer(s).  This promotes a safer and healthier work environment. Fire Authority City Fire 10021210. 80100 18196 N/A Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  State Street Vehicles,  Machinery &  Equipment New 2021 2022 General Yes New  Revenues  $            35,000  $                35,000  This will require new funding.  Moved  from FYE 21 due to COVID‐19.  Increased  from $28k. Reviewed Water Tender     The Ukiah Valley Authority annual fleet replacement identified WT‐6892 for replacement. Following industry standard NFPA guidelines recommends fire apparatus serve 10 years or 75,000 miles as a first out response vehicle, and an additional 5 to 10 years or 100,000 miles in service as a reserve apparatus. WT‐6892 is a 2004 Peterbilt single‐axle 2,500 gallon water tender. It was initially designed for construction, and was converted to a fire apparatus. It does not have a fire rated pump, which the apparatus does not meet the demand for service.  The purchase of a new fire rated water tender is vital to the Fire Authority's mission while working in the rural environment. Additionally, utilizing OES‐State contracts, the entire purchase cost recovery would be completed over the next few years. WT‐6892 would not only be placed in a reserve status for the Fire Department, other departments in the City could utilize the water tender, adding additional cost savings to the City, as they have been renting a water tender in the past several years. Fire Authority City Fire 10021210. 80100 V2543 N/A Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  State Street Vehicles,  Machinery &  Equipment New 2021 2022 TBD Yes Reserves  $          325,000  $             325,000 Reviewed Quint Aerial  Apparatus The Ukiah Valley Fire Authority annual fleet replacement identified T‐6852 for replacement. Following industry‐standard NFPA guidelines recommends fire engines serve 10‐years or 75,000 miles as a first out response vehicle, and an additional 5 to 10‐years or 100,000 miles in service as a reserve apparatus. T‐6852 is a 2009 Pierce Quint Aerial Apparatus with a 75‐ ft. ladder with a current mileage of 47,536. With a continually growing city in size and height, revised truck's specifications will need to be considered to meet future demands. T‐ 6852 will be placed in a reserve status for the Department.    Fire Authority City Fire 10021210. 80100 TBD N/A Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  State Street Vehicles,  Machinery &  Equipment New 2025 2026 TBD No New  Revenues Fiscal Year  Allocation TBD  $     1,500,000  $          1,500,000  Fiscal year allocation might move to out  years contingent on condition of the  vehicle. Reviewed Active Shooter  Safety  Equipment Due to the current events happening around the United States and the world, it is  unfortunate but imperative that we prepare and be equipped for any and all situations the  UVFA may face. We are taking a proactive instead of a reactive stance in protecting and  providing our team members with the equipment they need to handle even the direst  situations.  Following industry‐standard (NFPA‐3000 Active Shooter) equipment to be  purchased will include Flak Jackets, Kevlar Helmets, Medical Triage Bags, and Medical Triage  Equipment. Fire Authority City Fire 10021210. 80100 TBD N/A Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  State Street Vehicles,  Machinery &  Equipment New 2022 2023 TBD No New  Revenues Fiscal Year  Allocation  TBD/Seek grant  funding.     $                        ‐    Staff will actively pursue grants to  possibly offset some cost. Department  estimate/request is $60,000 Reviewed Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  City Council  Status Funding  Type Funding Type  Add'l Comments Costs to date Totals Comments Project  Location Improvement  Type Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Estimated Cost per Fiscal Year *Refer to last page of this document for definition of terms used.PAGE 9 Page 466 of 550 FIVE YEAR CAPITAL IMPROVEMENT PLAN* JULY 2021 Radios Due to the Federal Communications Commissions (FCC), all Fire Department Analog Radios  (currently all UVFA radio's are analog) are required to be replaced with Digital Radios.  The  FCC's move from analog to digital increased and improved radio efficiency and met the radio  spectrum's increasing demand (Narrow banding).  This is a two‐year phased purchase,  replacing the Hand‐Held Radio's in the first year and the Mobile Radio's (Vehicle Radio's) in  the second phase.   Fire Authority City Fire 10021210. 54100 18240 N/A Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  State Street Vehicles,  Machinery &  Equipment New 2021 2023 TBD Yes New  Revenues Seeking grant  funding. $          225,000   $          153,200  $             378,200  Staff will continue to actively pursue  grants to possibly offset some of the cost  during the phased process. Reviewed Safety  Extractors This unit is critical for sanitation of Personal Protective Equipment (PPE) used and worn by team members due to the increasing awareness of cancer‐causing exposures faced by Fire Personnel. The sanitation of gear and equipment has been proven to reduce cancer risk (s) by removing the carcinogens or our team members deal with while performing their duties. These Safety Extractors were built and designed to remove debris and carcinogens as a normal washing machine does not, nor meet the industry standard of NFPA.  Fire Authority District Fire 91621400. 80100 18278 N/A Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  State Street Vehicles,  Machinery &  Equipment  New  2021 2022 District Yes New  Revenues  $            30,000  $                30,000 Reviewed Ambulance  Patient  Transport Unit  This ambulance will serve the greater Ukiah area for the growing demands of the Emergency  Medical Services. The Ukiah Valley Fire Authority has had to supplement/augment the  private ambulance industry to county‐wide ambulance shortage.   Fire Authority Ambulance 71021000. 80100 TBD N/A Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  State Street Vehicles,  Machinery &  Equipment New 2021 2022 TBD Yes New  Revenues Looking at  financing options. $          250,000  $             250,000 Reviewed Ambulance  Patient  Transport Unit  This ambulance will serve the greater Ukiah area for the growing demands of the Emergency  Medical Services. The Ukiah Valley Fire Authority has had to supplement/augment the  private ambulance industry to county‐wide ambulance shortage.   Fire Authority Ambulance 71021000. 80100 18269 N/A Doug  Hutchison dhutchison@cit yofukiah.com 1500 South  State Street Vehicles,  Machinery &  Equipment New 2021 2022 TBD Yes New  Revenues $141,648 to be  CDBG funded,  balance financed.  $          300,000  $             300,000 Reviewed 57,274$           1,408,000$        153,200$            ‐$                 ‐$                    1,500,000$      3,061,200$           POLICE DEPARTMENT SUB‐TOTAL: Start End 21/22 22/23 23/24 24/25 25/26 Annual Police  Car  Replacement Annually the Police Department schedules the replacement of two patrol cars. Typically, a patrol car lasts about 3 years before it reaches the end of it's service life. It takes the department about a year to order, receive and outfit a car for patrol use. By scheduling regular replacement of cars, the department ensures we have enough cars available for use.  Police Police 10020210. 80100 V4209  &  V4215 N/A Justin  Wyatt jwyatt@cityofki ah.com 300  Seminary  Avenue Vehicles,  Machinery &  Equipment Ongoing 2021 2026 General No New  Revenues May explore  financing options. $          100,000   $          100,000   $       100,000   $          100,000   $        100,000  $             500,000  Two Dodge Charger Pursuits planned for  FYE 20 fiscal year deferred to FYE 21.   However, three vehicles over the past 1.5  years have been replaced by insurance  due to collisions.  One vehicle  replacement was recommend by CM for  FYE 21, but both vehicles deferred to FYE  22 due to COVID‐19.   Reviewed Replace Vehicle  Mounted Video  Cameras The Ukiah Police Department has utilized vehicle mounted video cameras within Police vehicles for approximately 20 years, to memorialize officer contacts, criminal conduct, and investigative activities. These video and audio recordings are used as evidence in criminal and civil cases, as well as for internal quality assurance. The current recording equipment has been in use since 2015, and the recording hardware, software and operating system are outdated and have become cumbersome and unreliable. The replacement system would provide for evidentiary data storage and processing as well as technical,software, and hardware support throughout a 5‐year purchasing plan.      Police Police 10020210. 54100 18241 N/A Justin  Wyatt jwyatt@cityofu kiah.com 300  Seminary  Avenue Vehicles,  Machinery, and  Equipment New 2021 2026 General No New  Revenues Grant funding  may be available.14,604$           32,000$             25,000$              25,000$           25,000$              25,000$          132,000$              Reviewed Replace Tasers The Ukiah Police Department has deployed Tasers since 2018, utilizing a 5‐year purchasing program to maintain current equipment and which provides support for hardware, supplies, and technology through the term of the agreement. The current agreement with Axon expires in 2022.    Police Police 10020210. 54100 TBD N/A Justin  Wyatt jwyatt@cityofu kiah.com 300  Seminary  Avenue Vehicles,  Machinery, and  Equipment New 2022 2026 General No New  Revenues Grant funding  may be available.41,345$           15,000$              15,000$           15,000$              15,000$          60,000$                Reviewed Replace Body  Cameras The Ukiah Police Department has deployed body‐cameras to memorialize officer contacts, criminal conduct, and investigative activities for more than 10 years. These video and audio recordings are used as evidence in criminal and civil cases, as well as for internal quality assurance. The current purchasing program expires in 2023, and provides for evidence storage, current and reliable equipment, and support for hardware and software for the term of the agreement.   Police Police 10020210. 54100 TBD N/A Justin  Wyatt jwyatt@cityofu kiah.com 300  Seminary  Avenue Vehicles,  Machinery, and  Equipment New 2023 2026 General No New  Revenues Grant funding  may be available.98,037$           35,000$           22,000$              22,000$          79,000$                Reviewed 153,986$         132,000$           140,000$            175,000$        162,000$           162,000$         771,000$               PUBLIC WORKS DEPARTMENT Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Totals Comments City Council  Status SUB‐TOTAL: Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l Comments Costs to dateAllocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  Project  Location Improvement  Type Project  Status Start End 21/22 22/23 23/24 24/25 25/26 Asphalt Zipper ‐  Shared Cost The current equipment is Equipment #1000, a 1994 Wirgten W500 Grinder. This is a CARB Tier 0, and a retrofit for this unit is unavailable. This equipment assists in the ongoing maintenance of the Streets network in order to provide upgraded facilities for our residents. Three divisions will contribute: $120,000 total Public Works Streets 10024620. 80100 E1001 Shared with  820 Water  and 840  Wastewater David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2021 2022 General Yes Current  Revenues Department plans  to set aside funds  for this  replacement.  $            40,000  $                40,000 Moved from FYE 23 due to COVID‐19.  Moved from FYE 24.Reviewed Asphalt  Roller ‐ Shared Cost  The current equipment is Equipment #1611, a 1995 CAT CB214C Roller. This is CARB Tier 0, and a retrofit for this unit is unavailable. This equipment assists in the ongoing maintenance of the Streets network in order to provide upgraded facilities for our residents. Three divisions will contribute: $66,000 total Public Works Streets 10024620. 80100 E1612 Shared with  820 Water  and 840  Wastewater David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2023 2024 General Yes Current  Revenues Department plans  to set aside funds  for this  replacement.  $         22,000  $                22,000 Moved from FYE 23 due to COVID‐19.  Reviewed Asphalt Paver  ‐  Shared Cost  The current equipment is Equipment #1811, a 1998 LeeBoy Model 1000B Paver.This is a CARB Tier 0, and a retrofit for this unit is unavailable. This equipment assists in the ongoing maintenance of the Streets network in order to provide upgraded facilities for our residents. Three divisions will contribute: $210,000 total Public Works Streets 10024620. 80100 E1812 Shared with  820 Water  and 840  Wastewater David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2023 2024 General Yes Current  Revenues Department plans  to set aside funds  for this  replacement.  $         70,000  $                70,000 Moved from FYE 23 due to COVID‐19.  Reviewed Bucket Truck  Replacement ‐  Shared Cost There are currently two bucket trucks, Vehicle #2221, a 1992 Ford F450 which is being put into surplus in fiscal year 2017/2018, and Vehicle #2230, a 1995 Ford F450, which will be kept into service until it is replaced. It is used to trim street and park trees, and also assists in hanging banners which promote City services and activities which benefit the community. Two divisions share the cost.  Total cost:  $100,000 Public Works Streets 10024620. 80100 V2224 Shared with  100 Parks David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2022 2023 General No Current  Revenues  $             50,000  $                50,000 Look to match replacement with surplus  from Electric Utility.  Moved to FYE 23.Reviewed Water Tender ‐  Shared Cost The current water tender no longer meets emission standards and is inoperable. Will be used to water street trees, Riverside Park, fill Vactor trucks and be available to support mowing and Fire operations.  Five divisions share the cost:  $150,000 total Public Works Streets 10024620. 80100 TBD Shared with  100 Parks,  779 Airport,  820 Water,  and 840  Wastewater David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2022 2023 Enterprise Yes Current  Revenues  $             50,000  $                50,000  Moved to FYE 21. Spent over $15k this  past year for rental of a unit.  Moved  from FYE 21 due to COVID‐19. Moved  from FYE 22.  If new Fire Tender is  approved for FYE 22, the replaced unit  will become available for other City  departments, and this item will then be  eliminated. Reviewed Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Allocation to  Multi‐funds Project  Contact  Name (s)  Project Contact  Email (s)  City Council  Status Funding  Type Funding Type  Add'l Comments Costs to date Totals Comments Project  Location Improvement  Type Project  Status Project  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Estimated Cost per Fiscal Year *Refer to last page of this document for definition of terms used.PAGE 10 Page 467 of 550 FIVE YEAR CAPITAL IMPROVEMENT PLAN* JULY 2021 Flat Rack Truck  Replace existing Flat Rack Truck due to age and mileage. Public Works Streets 10024220. 80100 V2236 N/A David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2022 2023 General Yes Current  Revenues  $             62,500  $                62,500 Moved from FYE 22 due to COVID‐19.  Reviewed 3‐Yard Dump  Truck Replace existing 3‐yard dump truck due to age and mileage. Public Works Streets 10024220. 80100 TBD N/A David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2023 2024 General Yes Current  Revenues  $       102,000  $             102,000 Moved from FYE 23 due to COVID‐19.  Reviewed Loader  Replacement Replace existing loader due to CARB requirements. Public Works Streets 10024620. 80100 E1413 Shared with  820 Water  and 840  Wastewater David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2021 2022 General Yes Current  Revenues  $          110,000  $             110,000 Reviewed Dump Truck  Replacement Dump Truck Replacement for 3 years. This equipment is used to maintain and repair the Infrastructure for our citizens.  Total cost:  $500,000 Public Works Corporation  Yard 20824300. 80100 18017 N/A David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2023 2024 Internal  Service Yes Current  Revenues Department plans  to set aside funds  for this  replacement.  $       500,000  $             500,000  Moved from FYE 22 due to COVID‐19.  Reduced cost from $750k due to splitting  Loader to separate line. Reviewed ‐$                 150,000$           162,500$            694,000$        ‐$                    ‐$                  1,006,500$           WATER RESOURCES DEPARTMENT SUB‐TOTAL: Start End 21/22 22/23 23/24 24/25 25/26 Replace Water  Treatment Plant  Service Truck The current vehicle's useful is expected to be exceeded in future years and will need to be replaced. Water  Resources Water  Treatment Plant 82227113. 80100 V3754 N/A David Kirch dkirch@cityofu kiah.com 935 River  Street Vehicles,  Machinery &  Equipment New 2022 2023 Enterprise Yes Current  Revenues  $             50,000  $                50,000 Moved from FYE 23.  Moved back to FYE  23.Reviewed Convert  Chlorine Gas to  Liquid Chlorine  at Water  This project will replace chlorine gas  at the Water Treatment Plant and convert to Liquid  Chlorine for safety reasons Water  Resources Water  Treatment Plant 82227113. 80100 18133 N/A Michelle  Wagenet mwagenet@cit yofukiah.com Water  Treatment  Plant Infrastructure New 2020 2024 Enterprise Yes Current  Revenues  $            50,000   $       270,000  $             320,000  Was budgeted FYE 20, moved to start in  FYE 21  due to COVID‐19.  Moved $270k  from FYE 22.  Moved $50k from FYE 21. Budget  Adopted Replace  Turbidimeters Replace Turbidimeters at Water Treatment Plant.Water  Resources Water  Treatment Plant 82227113. 80100 TBD N/A Michelle  Wagenet mwagenet@cit yofukiah.com 935 River  Street Vehicles,  Machinery &  Equipment New 2022 2023 Enterprise Yes Current  Revenues  $             75,000  $                75,000 Reviewed Transfer Pump Purchase a transfer pump for emergency use at the Backwash Basins and Interties Water  Resources Water  Treatment Plant 82227113. 80100 18242 N/A David Kirch dkirch@cityofu kiah.com 935 River  Street Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $            35,000  $                35,000 Reviewed Water Meter  Replacements Upgrade aged meter in order to provide increased service efficiency.Water  Resources Water  Operations 82027114. 80100 18074 N/A Jarod Thiele jthiele@cityofu kiah.com Various Vehicles,  Machinery &  Equipment New 2020 2026 Enterprise Yes Current  Revenues  $            50,000   $             50,000   $         50,000   $            50,000   $          50,000  $             250,000  Ongoing ‐ reduced FYE 21 from $50k,  added $50k to FYE 24 due to COVID‐19.   Added funding for FYE 25 and 26. Budget  Adopted Water  Resources Water  Operations 82027114. 80100 V3753 Shared with  840 Sewer David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2022 2023 Enterprise Yes Current  Revenues  $             30,000  Water  Resources Sewer  Operations 84027221. 80100 V3753 Shared with  820 Water David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2022 2023 Enterprise Yes Current  Revenues  $             30,000  Water  Resources Water  Operations 82027114. 80100 TBD Shared with  840 Sewer David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2023 2024 Enterprise Yes Current  Revenues  $         20,000  Water  Resources Sewer  Operations 84027221. 80100 TBD Shared with  820 Water David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2023 2024 Enterprise Yes Current  Revenues  $         20,000  Water  Resources Water  Operations 82027114. 80100 Shared with  100 Streets  and 840  Wastewater David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues Department plans  to set aside funds  for this  replacement.  $            40,000  Water  Resources Sewer  Operations 84027221. 80100 Shared with  100 Streets  and 820  Water David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues Department plans  to set aside funds  for this  replacement.  $            40,000  Water  Resources Water  Operations 82027114. 80100 Shared with  100 Streets  and 840  Wastewater David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2023 2024 Enterprise Yes Current  Revenues Department plans  to set aside funds  for this  replacement.  $         22,000  Water  Resources Sewer  Operations 84027221. 80100 Shared with  100 Streets  and 820  Water David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2023 2024 Enterprise Yes Current  Revenues Department plans  to set aside funds  for this  replacement.  $         66,000  Water  Resources Water  Operations 82027114. 80100 Shared with  100 Streets  and 840  Wastewater David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2023 2024 Enterprise Yes Current  Revenues Department plans  to set aside funds  for this  replacement.  $         70,000  Water  Resources Sewer  Operations 84027221. 80100 Shared with  100 Streets  and 820  Water David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2023 2024 Enterprise Yes Current  Revenues Department plans  to set aside funds  for this  replacement.  $         70,000  Water  Resources Water  Operations 82027114. 80100 Shared with  840  Wastewater David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise No Current  Revenues  $          225,000  Water  Resources Sewer  Operations 84027221. 80100 Shared with  820 Water David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise No Current  Revenues  $          225,000  The current equipment is  Equipment #1000, a 1994 Wirgten W500 Grinder. This is a CARB  Tier 0, and a retrofit for this unit is unavailable.  This equipment assists in the ongoing  maintenance of the Streets network in order to provide upgraded facilities for our residents.  Three divisions will contribute: $120,000 total E1001  $                80,000  Project Name Project Description Department Division Org/Object Pr oj e ct   Num be r Totals Comments City Council  Status Estimated Cost per Fiscal YearProject  Timeline Funding  Source Fu n d i n g   Id e n t i f i e d Funding  Type Funding Type  Add'l Comments Costs to dateAllocation to  Multi‐funds Project  Status Vactor  Replacement ‐  Shared Cost The existing vehicle, Vehicle #2515, a 2009 VacCon V350 LHA, will need to be replaced as it  will be soon reaching its end‐of‐life.  This equipment assists in repairing and maintaining the  Water Distribution and Sewer Collection System in order to provide services to our rate  payers. Two divisions share the cost:  $450,000 total V2518  $             450,000  Asphalt  Roller ‐ Shared Cost  The current equipment is  Equipment #1611, a 1995 CAT CB214C Roller. This is CARB Tier 0,  and a retrofit for this unit is unavailable.  This equipment assists in the ongoing maintenance  of the Streets network in order to provide upgraded facilities for our residents. Three  divisions will contribute: $66,000 total E1612  $                88,000  Asphalt Paver  ‐  Shared Cost  The current equipment is Equipment #1811, a 1998 LeeBoy Model 1000B Paver.  This is a  CARB Tier 0, and a retrofit for this unit is unavailable.  This equipment assists in the ongoing  maintenance of the Streets network in order to provide upgraded facilities for our residents.  Three divisions will contribute: $210,000 total E1812  $             140,000  Asphalt Zipper ‐  Shared Cost Replace  Water/Sewer  Operations Call  Truck ‐ Shared  Cost The current vehicle's useful is expected to be exceeded in future years and will need replaced Replace  Water/Sewer  Operations Lead  Worker Truck ‐  Shared Cost The current vehicle's useful life is expected to be exceeded in future years and will need replaced  $                40,000  Reviewed $                60,000  Project  Contact  Name (s)  Project Contact  Email (s)  Project  Location Improvement  Type Moved from FYE 23 due to COVID‐19.   Moved from FYE 24.Reviewed Reviewed Moved from FYE 23 due to COVID‐19. Reviewed Moved from FYE 23 due to COVID‐19. Reviewed Electric Utility Department needs will  also be considered. Revised budget  amount from $150k. (Revision after rate  study.) Moved from FYE 21 due to COVID‐ 19.  Moved from FYE 23. Moved from FYE  22. Reviewed *Refer to last page of this document for definition of terms used.PAGE 11 Page 468 of 550 FIVE YEAR CAPITAL IMPROVEMENT PLAN* JULY 2021 Water  Resources Water  Operations 82027114. 80100 Shared with  100 Parks,  100 Streets,  779 Airport  and 840  Wastewater David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2022 2023 Enterprise Yes Current  Revenues  $             40,000  Water  Resources Sewer  Operations 84027221. 80100 Shared with  100 Parks,  100 Streets,  779 Airport  and 820  Water David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2022 2023 Enterprise Yes Current  Revenues  $             40,000  Water  Resources Water  Operations 82027114. 80100 Shared with  100 Streets  and 840  Wastewater David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $          110,000  Water  Resources Sewer  Operations 84027221. 80100 Shared with  100 Streets  and 820  Water David Kirch dkirch@cityofu kiah.com 1320  Airport  Road Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $          110,000  Ford/Orchard  Lift Station  Upgrade This needs upgrading to change from single to three phase power, installing two new pumps, the pump guides, and the discharge valves.   Water  Resources Sewer  Operations 84027221. 80100 18134 N/A David Kirch dkirch@cityofu kiah.com Ford/Orcha rd Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $          200,000  $             200,000  Moved from FYE 20 and revised budget  from $100k. (Revised since rate study.)   Moved from FYE 21 due to COVID‐19. Budget  Adopted Telescoping Lift This equipment is needed at the Wastewater Treatment Plant to assist in maintaining the facility which provides Waste Water Treatment for the City and the Ukiah Valley Sanitation District. Water  Resources Wastewater  Treatment Plant 84027225. 80100 E1718 N/A David Kirch dkirch@cityofu kiah.com 300 Plant  Road Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $            20,000  $                20,000  Rebudgeted FYE 20.  Moved from FYE 20  due to COVID‐19.  Increased the amount  from $12k. Reviewed Digester  Rehabilitation  and Methane  Scrubber Methane Scrubbers are needed in order to clean the methane gas to provide an alternate energy source to operate the boilers at the Wastewater Treatment Plant, which will in turn decrease the City's energy cost at the plant.   Water  Resources Wastewater  Treatment Plant 84027225. 80100 18135 N/A David Kirch dkirch@cityofu kiah.com 300 Plant  Road Vehicles,  Machinery &  Equipment New 2019 2025 Enterprise Yes Current  Revenues Cost will be offset  by saving in the  purchase of  natural gas  $       1,500,000  $          1,500,000 Moved from FYE 22 due to COVID‐19. Reviewed SCADA Upgrade  at Waste Water  Treatment Plant Upgrade the ancient SCADA system at the Wastewater Treatment Plant.Water  Resources Wastewater  Treatment Plant 84027225. 80100 18137 N/A David Kirch dkirch@cityofu kiah.com Wastewater  Treatment  Plant Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $          300,000  $             300,000  Move from FYE 20. (Revision after rate  study.)  Moved from FYE 21.  Increased  from $200k. Budget  Adopted VFD Installation  at Wastewater  Treatment Plant This project will involve installing Variable Frequency Drives on various points in the  treatment process Water  Resources Wastewater  Treatment Plant 84027225. 80100 18138 N/A David Kirch dkirch@cityofu kiah.com Wastewater  Treatment  Plant Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $            90,000  $                90,000 Increased from $55,700. Reviewed Replace Ford  Ranger Replace Ford Ranger at the Wastewater Treatment Plant.Water  Resources Wastewater  Treatment Plant 84027225. 80100 V4544 N/A David Kirch dkirch@cityofu kiah.com 300 Plant  Road Vehicles,  Machinery &  Equipment New 2022 2023 Enterprise Yes Current  Revenues  $             40,000  $                40,000  (Not on CIP during rate study.) Moved  from FYE 21 due to COVID‐19. Moved to  FYE 23. Reviewed Recondition  Yardney Filters Recondition the filters that produce in‐house plant utility wash water.Water  Resources Wastewater  Treatment Plant 84027225. 80100 18243 N/A Alan Hodge ahodge@cityof ukiah.com 300 Plant  Road Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $            65,000  $                65,000 Reviewed Install Flow  Sensors Install Flow Sensor on the effluent at the Chlorine Contact Basins.Water  Resources Wastewater  Treatment Plant 84027225. 80100 18244 N/A Alan Hodge ahodge@cityof ukiah.com 300 Plant  Road Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $            20,000  $                20,000 Reviewed Belt Filter Press  Replacement This project will replace the existing Belt Filter Press Equipment which has passed its useful life. Water  Resources Wastewater  Treatment Plant 84027225. 80100 18130 N/A David Kirch ahodge@cityof ukiah.com 300 Plant  Road Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $       1,000,000  $          1,000,000 Reviewed Vibration  Monitoring  Equipment Install vibration monitoring equipment on motors to identify bearing deterioration.Water  Resources Wastewater  Treatment Plant 84027225. 80100 18245 N/A David Kirch ahodge@cityof ukiah.com 300 Plant  Road Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $            30,000  $                30,000 Reviewed Upgrade PLCs Upgrade old Programmable Logic Controls.Water  Resources Wastewater  Treatment Plant 84027225. 80100 18246 N/A Alan Hodge ahodge@cityof ukiah.com 300 Plant  Road Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $          350,000  $             350,000 Reviewed Quick Connect  Pipe for  Recycled Water  Purchase pipe redirecting stored water in the Recycled Water Ponds.Water  Resources Recycled Water 83027330. 80100 18247 N/A Jarod Thiele jthiele@cityofu kiah.com 3495 Taylor  Drive Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $            25,000  $                25,000 Reviewed DAFT  Replacement Perform repairs to components of the Dissolved Air Flotation Thickener (DAFT) at the Wastewater Treatment Plant. Water  Resources Wastewater  Treatment Plant 84027225. 80100 18248 N/A David Kirch dkirch@cityofu kiah.com 300 Plant  Road Vehicles,  Machinery &  Equipment New 2021 2022 Enterprise Yes Current  Revenues  $          250,000  $             250,000 Reviewed Vichy Springs  Lift Station  Upgrade This needs upgrading to install two new pumps, the pump guides, and the discharge valves.Water  Resources Sewer  Operations DISTRICT TBD N/A David Kirch dkirch@cityofu kiah.com Vichy  Springs  Road Vehicles,  Machinery &  Equipment New 2024 2026 Enterprise Yes Current  Revenues  $        250,000  $             250,000 Reviewed ‐$                 2,785,000$        805,000$            588,000$        1,550,000$        300,000$         6,028,000$           212,260$         5,810,845$        3,698,700$        1,712,000$     1,712,000$        1,962,000$      14,895,545$         TBDWater Tender ‐  Shared Cost The current water tender no longer meets emission standards and is inoperable.  Will be  used to water street trees, Riverside Park, fill Vactor trucks and be available to support  mowing and Fire operations.  Five divisions share the cost:  $150,000 total  $                80,000  SUB‐TOTAL: TOTALS FOR VEHICLES, MACHINERY & EQUIPMENT : Moved to FYE 21.  Revised budget  amount from $35k. (Revision after rate  study.) Spent over $15k this past year for  rental of a unit.  Moved from FYE 21 due  to COVID‐19.  Moved from FYE 22.  If new  Fire Tender is approved for FYE 22, the  replaced unit will become available for  other City departments, and this item will  then be eliminated. Reviewed Loader  Replacement Replace existing loader due to CARB requirements. $             220,000 E1413 Reviewed *Refer to last page of this document for definition of terms used.PAGE 12 Page 469 of 550 FIVE YEAR CAPITAL IMPROVEMENT PLAN* JULY 2021 Project Name Project  Description Division Org/Object Project  Number Allocation to  Multi‐funds Project Status Project  Timeline Funding Source Funding  Identified Funding Type Funding Type  Add 'l  Comments Costs to date Estimated  Costs per Fiscal  Year Totals Comments City Council  Status "Not Reviewed"‐ First time that Council has been presented the project; "Reviewed" ‐ Council has been presented the project during an agendized meeting; "Explore" ‐ Council has reviewed and has asked staff to further explore; "Reviewed and Supported" ‐ Council has reviewed and supports the placement of the project on the CIP Plan; "Budget Adopted" ‐ Council has approved the project through the Council action that takes plac through either the full budget adoption process, or through a specific agendized item brought to Council "Reserves" indicates it is, or is planned to be, transferred from a reserve account, "Current Revenues" means that the expenditure is anticipated to funded by existing revenues at the time of the purchase, "New Revenues" means that a funding source other than current revenues will be used, including or grant funding or fundraising. To further explain, as necessary, the funding type used selected.  Costs spent on the project. Costs estimated to be spent in each of the fiscal years. The sum of the five year estimate for each project. Additional information as  needed. The number assigned to track all expenses related to the project. Indicates if the cost of the proposed cost is shared.  In this case, here it will state what other funds are sharing the cost.  This indicates whether the project is "NEW", "IN PROGRESS", "ONGOING" or "COMPLETED". General calendar year "start" and "end" date. The Fund the actual expense will come out of. "Yes" indicating funding has been identified and will be available, "No" indicating funding has not yet been identified and is unavailable. Definition of terms used: The name of the project. Provides a description and additional narrative to assist in the understanding of the need and value of the proposed project. The specific division within the identified department where the expenditure will be made within the budget. The proposed account code where the expense will be accounted for. *Refer to last page of this document for definition of terms used.PAGE 13 Page 470 of 550 ESTIMATED COST:  $330,000 FLEET MAINTENANCE SUPERVISOR SIGNATURE DATE EST. MILEAGE/HOURS PER YEAR Last 10 Years‐ $21,000 ALTERNATE SOLUTIONS EXPLORED: Upgrade emissions to meet current CARB standards is not an option as the equipment is not available. OTHER INDIRECT BENEFITS: N/A COST/BENEFIT ANALYSIS: The current equipment does not meet CARB standards and is limited to use of 200 hours per year. JUSTIFICATION/USE/NEED:  This equipment will be used daily to operate the asphalt zipper, clean homeless encampments, to support water  and sewer projects, load waste bins and for maintenance of the Corporation Yard facility. PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY):  2021 Cat Loader MAINTENANCE COSTS TO DATE PROPOSED BUDGETED AMOUNT FOR  EACH DEPT/DIV ESTIMATED SALVAGE/RESALE VALUEESTIMATED LIFE IN  MILEAGE/HOURS YEAR CITY EQUIPMENT # ORIGINAL PURCHASE PRICE 1411 None 6,000 MODEL CURRENT MILEAGE/HOURS $110,000Streets E1413 PROPOSED VEHICLE OR HEAVY EQUIPMENT 5,000 NO CURRENT CONDITION:  Poor $5,000.00 ESTIMATED OUT‐OF‐SERVICE TIME PARTS AVAILABLE ADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE) MEET CARB STANDARDS?  82227113.80100Water E1413 Vehicle & Heavy Equipment Request & Justification DIVISION(S) PROJECT  CODE ITEM:  Loader SUBMITTED BY: Dave Kirch, Fleet & Plant Maintenance Supervisor FOR FISCAL YEAR:  2021/2022 1988 Case W20C  EXISTING  VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED ORG & OBJECT ACCOUNT CODE $110,000 10024620.80100 DEPARTMENT(S) ASSET USEFUL LIFE:  20 years JAK0019261 VIN/SERIAL # Sewer E1413 $110,000 NEW REQUEST OR REPLACEMENT OF EXISTING?: Replacement 84427222.80100 Public Works Water Resources Water Resources DEPARTMENT HEAD ADDITIONAL COMMENTS:  N/A 200‐300 hours 1,500 hours Yes REVIEWED & APPROVED BY: ATTACHMENT 3 Page 471 of 550 ESTIMATED COST $125,000 FLEET MAINTENANCE SUPERVISOR DEPARTMENT HEAD ADDITIONAL COMMENTS:  This unit does not comply with OSHA forklift standards. ASSET USEFUL LIFE:  15‐20 years J‐008281 VIN/SERIAL # NEW REQUEST OR REPLACEMENT OF EXISTING?: Replacement  42 NO FOR FISCAL YEAR:  2021/2022 ????G3P‐150‐CFS‐158  EXISTING  VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED ORG & OBJECT ACCOUNT CODE Vehicle & Heavy Equipment Request & Justification DIVISION(S) PROJECT  CODE ITEM:  Lift (Large capacity fork lift) SUBMITTED BY: Tim Santo REVIEWED & APPROVED BY: Electric DEPARTMENT(S) PROPOSED VEHICLE OR HEAVY EQUIPMENT 1105 NO CURRENT CONDITION:  Poor $500.00 ESTIMATED OUT‐OF‐SERVICE TIME PARTS AVAILABLE ADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE) MEET CARB STANDARDS?  Brakes,Hyd. Pump MODEL CURRENT MILEAGE/HOURS $125,000.0080126100.80100Utility E1721 JUSTIFICATION/USE/NEED:  The current large lift capacity fork lift does not comply with OSHA fork lift standards. This unit is used for heavy  material handling including large electric distribution transformers.   PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY):  The new unit will need to be capable of material handling  up to 16,000 lbs. MAINTENANCE COSTS TO DATE PROPOSED BUDGETED AMOUNT FOR  EACH DEPT/DIV ESTIMATED SALVAGE/RESALE VALUEESTIMATED LIFE IN  MILEAGE/HOURS YEAR CITY EQUIPMENT # ORIGINAL PURCHASE PRICE 1720 SIGNATURE DATE EST. MILEAGE/HOURS PER YEAR ??? $4,252.00 ALTERNATE SOLUTIONS EXPLORED:  OTHER INDIRECT BENEFITS:  COST/BENEFIT ANALYSIS:  Page 472 of 550 ESTIMATED COST:  $325,000 FLEET MAINTENANCE SUPERVISOR SIGNATURE DATE EST. MILEAGE/HOURS PER YEAR Unknown Unknown ALTERNATE SOLUTIONS EXPLORED: N/A OTHER INDIRECT BENEFITS: WT‐6892 would not only be placed in a reserve status for the Fire Department. Other departments in the City could also utilize the  Water Tender, adding additional cost savings to the City as the City has been renting Water Tenders over the past decade for Public Works.    COST/BENEFIT ANALYSIS: Purchasing a new Fire Rated water tender is vital to the Ukiah Valley Fire Authority's mission while working in the rural  environment.  Additionally, utilizing the OES‐State Contract, the entire purchase's cost recovery would be recovered over the next few years.   JUSTIFICATION/USE/NEED:  The Ukiah Valley Fire Authority annual fleet replacement identified WT‐6892 for replacement.  Following industry‐standard  NFPA guidelines recommends fire apparatus serve 10‐years or 75,000 miles as a first out response vehicle, and an additional 5 to 10‐years or 100,000 miles in  service as a reserve apparatus.  WT‐6892 was initially designed for construction and converted to a fire apparatus; it currently does not have a fire‐rated pump.  The apparatus does not meet the demand for service.   PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY):  New Water Tender ‐ 2‐door commercial cab and chassis  with a 2000 gallon water tank, 1000 gpm pump, and equipped to meet all the requirements of NFPA 1901 Standard on Motorized Fire Apparatus both as a  pumper and a mobile water supply apparatus. MAINTENANCE COSTS TO DATE PROPOSED BUDGETED AMOUNT FOR  EACH DEPT/DIV ESTIMATED SALVAGE/RESALE VALUEESTIMATED LIFE IN  MILEAGE/HOURS YEAR CITY EQUIPMENT # ORIGINAL PURCHASE PRICE WT‐6892 MODEL CURRENT MILEAGE/HOURS $325,00010021210.80100City Fire V2543 ESTIMATED OUT‐OF‐SERVICE TIME PARTS AVAILABLE ADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE) MEET CARB STANDARDS?  N/A REVIEWED & APPROVED BY: Fire Authority DEPARTMENT(S) PROPOSED VEHICLE OR HEAVY EQUIPMENT 26,400 / 3961hrs No CURRENT CONDITION:  Good $40,000 ‐ $50,000 Vehicle & Heavy Equipment Request & Justification DIVISION(S) PROJECT  CODE ITEM:  Water Tender SUBMITTED BY: Battalion Chief Eric Singleton Unknown OEM FOR FISCAL YEAR:  2021/2022 2004 Peterbilt  EXISTING  VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED ORG & OBJECT ACCOUNT CODE DEPARTMENT HEAD ADDITIONAL COMMENTS:  N/A ASSET USEFUL LIFE:  10‐20 years 2NPLHZ6X15M872544 VIN/SERIAL # NEW REQUEST OR REPLACEMENT OF EXISTING?: New Request Page 473 of 550 ESTIMATED COST:  $75,000 FLEET MAINTENANCE SUPERVISOR DEPARTMENT HEAD ADDITIONAL COMMENTS: Due to the condition of the vehicle, it is to be decommissioned and placed as a surplus. ASSET USEFUL LIFE:  10‐20 Years 1GCHK29UX6E172000 VIN/SERIAL # NEW REQUEST OR REPLACEMENT OF EXISTING?: Replacement of existing. 430hrs Some OEM / Aftermarket FOR FISCAL YEAR:  2021/2022 2006 Chevy 3/4 4X4  EXISTING  VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED ORG & OBJECT ACCOUNT CODE Vehicle & Heavy Equipment Request & Justification DIVISION(S) PROJECT  CODE ITEM:  Command/Chief Vehicle SUBMITTED BY: Battalion Chief Eric Singleton REVIEWED & APPROVED BY: UVFA DEPARTMENT(S) PROPOSED VEHICLE OR HEAVY EQUIPMENT 107,084 / 3963.3 Hours YES CURRENT CONDITION:  This vehicle is in poor condition; the vehicle was involved in a collision in 2014 in which it had significant front‐end  damage.  The vehicle was repaired and placed back into service.  The vehicle's transmission is currently slipping and will need to be replaced in  a short amount of time. $1,000 to $2,000 ESTIMATED OUT‐OF‐SERVICE TIME PARTS AVAILABLE ADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE) MEET CARB STANDARDS?  Transmission needs to be replaced ($4,000) 100,000 / 6,000 Hours MODEL CURRENT MILEAGE/HOURS $75,000.0010021210.80100City Fire V3165 JUSTIFICATION/USE/NEED:  This vehicle will serve as a Command/Chief vehicle, perform vital daily duties, and serve during operational  incidents.  Due to the transmission and other mechanical engine failures, this vehicle is unfit and unreliable, leaving team members in a  possibly unsafe or life‐threatening environment during fire suppression operations. PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY):  2021 3/4 Tone 4X4 Pickup MAINTENANCE COSTS TO DATE PROPOSED BUDGETED AMOUNT FOR  EACH DEPT/DIV ESTIMATED SALVAGE/RESALE VALUEESTIMATED LIFE IN  MILEAGE/HOURS YEAR CITY EQUIPMENT # ORIGINAL PURCHASE PRICE 3162 SIGNATURE DATE EST. MILEAGE/HOURS PER YEAR $36,500.00 ALTERNATE SOLUTIONS EXPLORED: N/A OTHER INDIRECT BENEFITS: None COST/BENEFIT ANALYSIS:  Based on history, the vehicles' use should extend well beyond the standard useful life of 5‐10 years to most likely 15  ‐20 years.  Following NFPA standards, ten years serving as a front line vehicle and ten years as a reserve or utility vehicle.  The vehicle's benefit  will allow staff to perform adequate fire operational needs/duties to the City and the District. Page 474 of 550 ESTIMATED COST $40,000 FLEET MAINTENANCE SUPERVISOR DEPARTMENT HEAD ADDITIONAL COMMENTS:  None ASSET USEFUL LIFE:  10 years N/A VIN/SERIAL # NEW REQUEST OR REPLACEMENT OF EXISTING?:  New Request N/A N/A FOR FISCAL YEAR:  2021/2022 N/A N/A  EXISTING  VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED ORG & OBJECT ACCOUNT CODE Vehicle & Heavy Equipment Request & Justification DIVISION(S) PROJECT  CODE ITEM:  Ford F‐150 Pick‐up SUBMITTED BY: Dave Kirch, Fleet & Plant Maintenance Supervisor REVIEWED & APPROVED BY: Community Services DEPARTMENT(S) PROPOSED VEHICLE OR HEAVY EQUIPMENT N/A N/A CURRENT CONDITION:   N/A ESTIMATED OUT‐OF‐SERVICE TIME PARTS AVAILABLE ADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE) MEET CARB STANDARDS?  N/A N/A MODEL CURRENT MILEAGE/HOURS $40,00010022100.80100Parks V3765 JUSTIFICATION/USE/NEED:  New proposed Parks service worker/horticulturist. PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY):  F‐150 pick‐up hybrid or electric vehicle. MAINTENANCE COSTS TO DATE PROPOSED BUDGETED AMOUNT FOR  EACH DEPT/DIV ESTIMATED SALVAGE/RESALE VALUEESTIMATED LIFE IN  MILEAGE/HOURS YEAR CITY EQUIPMENT # ORIGINAL PURCHASE PRICE N/A SIGNATURE DATE EST. MILEAGE/HOURS PER YEAR N/A N/A ALTERNATE SOLUTIONS EXPLORED: N/A OTHER INDIRECT BENEFITS: N/A COST/BENEFIT ANALYSIS: N/A Page 475 of 550 ESTIMATED COST $50,000 FLEET MAINTENANCE SUPERVISOR SIGNATURE DATE EST. MILEAGE/HOURS PER YEAR REVIEWED & APPROVED BY: DEPARTMENT HEAD ADDITIONAL COMMENTS:  Original purchase price does not reflect total cost of fully outfitted vehicle for intended purpose and use. ALTERNATE SOLUTIONS EXPLORED: N/A OTHER INDIRECT BENEFITS: Reliability and availability will allow for better response times to calls. COST/BENEFIT ANALYSIS: The vehicle will soon be past its useful life and estimated life in mileage.  In addition, the out of service time is  substantial.  The vehicle has extensive mechanical issues which would require and extensive amount of troubleshooting.  The vehicle has  consistently had a lack of power and speed, topping out at 80 mph and additional unknown/undiagnosed engine problems.  JUSTIFICATION/USE/NEED:  Police vehicles are equipped with safety equipment, radios, lights and sirens, provide transportation for police  services and are authorized for emergency response and pursuit activities.  The department currently deploys as many as 4 uniformed patrol  officers a shift and 7 shared vehicles are currently within the fleet, to allow for scheduled maintenance activities, unanticipated mechanical  failures, and emergencies which may require the deployment of additional personnel. PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY):  2021 Dodge Charger pursuit PROPOSED BUDGETED AMOUNT FOR  EACH DEPT/DIV ESTIMATED SALVAGE/RESALE VALUEESTIMATED LIFE IN  MILEAGE/HOURS YEAR CITY EQUIPMENT # ORIGINAL PURCHASE PRICE 4116 MODEL CURRENT MILEAGE/HOURS $50,00010020210.80100Police V4209 ESTIMATED OUT‐OF‐SERVICE TIME PARTS AVAILABLE ADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE) MEET CARB STANDARDS?  Transmission replacement‐$4,000 100,000 Police N/A VIN/SERIAL # $30,438.00 $12,200.00 MAINTENANCE COSTS TO DATE PROPOSED VEHICLE OR HEAVY EQUIPMENT 90,000 Yes CURRENT CONDITION:  Both vehicles have significant mileage of high demand police activities.  After 100,000 miles police vehicles begin to  suffer from cracked frames and other significant structural and suspension issues as well as repeated, significant mechanical failures. $1,000.00 665 Limited quantities, harder to find due to age 2011 Ford Crown Victoria  EXISTING  VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED Vehicle & Heavy Equipment Request & Justification DIVISION(S) PROJECT  CODE ITEM:  POLICE CARS‐ANNUAL REPLACEMENT‐SUV SUBMITTED BY: Lt. Andy Phillips FOR FISCAL YEAR:  2021/2022 ORG & OBJECT ACCOUNT CODE ASSET USEFUL LIFE:  5‐10 YEARS NEW REQUEST OR REPLACEMENT OF EXISTING?:  DEPARTMENT(S) Replacement of existing. Page 476 of 550 ESTIMATED COST $50,000 FLEET MAINTENANCE SUPERVISOR Vehicle & Heavy Equipment Request & Justification DIVISION(S) PROJECT  CODE ITEM:  POLICE CARS‐ANNUAL REPLACEMENT‐SUV SUBMITTED BY: Lt. Andy Phillips FOR FISCAL YEAR:  2021/2022 ORG & OBJECT ACCOUNT CODE ASSET USEFUL LIFE:  5‐10 YEARS NEW REQUEST OR REPLACEMENT OF EXISTING?:  DEPARTMENT(S) MAINTENANCE COSTS TO DATE PROPOSED VEHICLE OR HEAVY EQUIPMENT 90,000 Yes CURRENT CONDITION:  Both vehicles have significant mileage of high demand police activities.  After 100,000 miles police vehicles begin to  suffer from cracked frames and other significant structural and suspension issues as well as repeated, significant mechanical failures. $1,000.00 665 Limited quantities, harder to find due to age 2011 Ford Crown Victoria  EXISTING  VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED Police V4215 ESTIMATED OUT‐OF‐SERVICE TIME PARTS AVAILABLE ADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE)MEET CARB STANDARDS?  Transmission replacement‐$4,000 100,000 Police N/A VIN/SERIAL # $30,438.00 $12,200.00 PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY):  2021 Dodge Charger pursuit PROPOSED BUDGETED AMOUNT FOR  EACH DEPT/DIV ESTIMATED SALVAGE/RESALE VALUEESTIMATED LIFE IN  MILEAGE/HOURS YEAR CITY EQUIPMENT # ORIGINAL PURCHASE PRICE 4116 MODEL CURRENT MILEAGE/HOURS $50,00010020210.80100 SIGNATURE DATE EST. MILEAGE/HOURS PER YEAR REVIEWED & APPROVED BY: DEPARTMENT HEAD ADDITIONAL COMMENTS:  Original purchase price does not reflect total cost of fully outfitted vehicle for intended purpose and use. ALTERNATE SOLUTIONS EXPLORED: N/A OTHER INDIRECT BENEFITS: Reliability and availability will allow for better response times to calls. COST/BENEFIT ANALYSIS: The vehicle will soon be past its useful life and estimated life in mileage.  In addition, the out of service time is  substantial.  The vehicle has extensive mechanical issues which would require and extensive amount of troubleshooting.  The vehicle has  consistently had a lack of power and speed, topping out at 80 mph and additional unknown/undiagnosed engine problems.  JUSTIFICATION/USE/NEED:  Police vehicles are equipped with safety equipment, radios, lights and sirens, provide transportation for police  services and are authorized for emergency response and pursuit activities.  The department currently deploys as many as 4 uniformed patrol  officers a shift and 7 shared vehicles are currently within the fleet, to allow for scheduled maintenance activities, unanticipated mechanical  failures, and emergencies which may require the deployment of additional personnel. Replacement of existing. Page 477 of 550 ESTIMATED COST $550,000 FLEET MAINTENANCE SUPERVISOR DEPARTMENT HEAD ADDITIONAL COMMENTS:  One unit will be partially funded with $141,648 of CDBG grant funding, the balance for both is planned to be  financed. ASSET USEFUL LIFE:  10 years VIN/SERIAL # $300,000.00 NEW REQUEST OR REPLACEMENT OF EXISTING?: New FOR FISCAL YEAR:  2021/2022  EXISTING  VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED ORG & OBJECT ACCOUNT CODE City Fire Ambulance 18269 Vehicle & Heavy Equipment Request & Justification DIVISION(S) PROJECT  CODE ITEM:  Ambulances ‐ 2 Each SUBMITTED BY: Battalion Chief Eric Singleton REVIEWED & APPROVED BY: City Fire DEPARTMENT(S) PROPOSED VEHICLE OR HEAVY EQUIPMENT CURRENT CONDITION:   ESTIMATED OUT‐OF‐SERVICE TIME PARTS AVAILABLE ADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE) MEET CARB STANDARDS?  MODEL CURRENT MILEAGE/HOURS $250,000.0071021100.80100 71021100.80100 Ambulance TBD JUSTIFICATION/USE/NEED:  These new ambulance will serve the greater Ukiah area for the growing demands of the Emergency Medical Services. The  Ukiah Valley Fire Authority (UVFA) has had to supplement/augment the private ambulance industry to county‐wide ambulance shortage.  As the  UVFA makes a  more significant footprint into the ambulance service, we will need the resources and equipment to serve the community. PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY):  2021 F‐450 Type‐I Ambulance  MAINTENANCE COSTS TO DATE PROPOSED BUDGETED AMOUNT FOR  EACH DEPT/DIV ESTIMATED SALVAGE/RESALE VALUEESTIMATED LIFE IN  MILEAGE/HOURS YEAR CITY EQUIPMENT # ORIGINAL PURCHASE PRICE SIGNATURE DATE EST. MILEAGE/HOURS PER YEAR ALTERNATE SOLUTIONS EXPLORED: N/A OTHER INDIRECT BENEFITS:  COST/BENEFIT ANALYSIS: Utilizing a billing service for use and transport will offset the cost of the vehicle and personnel. Page 478 of 550 Page 1 of 2 Attachment 4 RESOLUTION NO. 2021 -xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE FISCAL YEAR 2021-22 APPROPRIATIONS LIMIT FOR THE CITY OF UKIAH WHEREAS, pursuant to Government Code Section 7910, the City Council must, by resolution, establish its appropriations limit for each fiscal year. NOW, THEREFORE, BE IT RESOLVED THAT the appropriations limit for the City of Ukiah for the 2021-22 Fiscal Year shall be forty-eight million, forty-four thousand, and two hundred thirty-eight dollars ($48,044,238). The appropriations subject to this limit are estimated to be nineteen million, nine hundred and ninety thousand, seven hundred and forty-four dollars ($19,990,744). This resolution was adopted by the City Council of the City of Ukiah at a regular meeting thereof on the 16th day of June, 2021, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ JUAN OROZCO, Mayor ATTEST: _____________________________ KRISTINE LAWLER, City Clerk Page 479 of 550 Page 2 of 2 Page 480 of 550 1 BUDGET APPROVAL AGREEMENT This Agreement is entered on , 2021, in Ukiah, California, between the City of Ukiah (“City”), a general law municipal corporation, and the Ukiah Valley Sanitation District (“District”), a county sanitation district. 1. The City and the District agree to approve as shared costs of the Combined CITY/DISTRICT Sewer System (“Combined System”) for fiscal year 2021-22 the City budget for direct expenditures of personnel, operations, and capital outlay, and the indirect expenditures of internal service use of the Wastewater Enterprise, as set forth in the attached Exhibit A. Total direct operating budgeted costs, defined as costs of Personnel and Operations in Exhibit A of $4,524,050 as well as an Operating Indirect Rate (“OIR”) on such costs of 14.20% ($642,415) for a total budgeted estimate of $5,166,465 will be shared 50.16% District and 49.84% City, as identified in the 2020 Joint Sewer Rate Study. This share is provisional for 2022 fiscal year and will be revised by the City and District by September 30, 2021. The revision will be retroactive to July 1, 2021 and will be perfected by written communication between the City and District. Total direct costs of $2,730,000 for Capital Outlay in Exhibit A will be funded by both the City and District when the cost is incurred, as well as an Indirect Rate on such costs incurred not to exceed x%, which is the five-year average of Indirect Costs incurred and budgeted by the Combined System related to Purchasing and Insurance. This rate will be referred to as the Capital Indirect Rate (“CIR”) and will be negotiated for projects over $200,000 based on an estimate of required Indirect Costs to complete the capital project The City and District will use the CIR on all Capital Outlay with costs less than $200,000 unless either party desires to negotiate the rate for any individual project. The City Engineer or City’s Water Resources Director will communicate verbally or in writing to the District Manager when such expenditures are expected to begin. The District will pay to the City the District’s share of the cost for an approved capital expense within fifteen (15) days of the date of an invoice given to the District for that expense. On and after the effective date of this Agreement, any portion of capital projects paid by the District will be capitalized on its books as intangible assets and depreciated. The shared costs presented in Exhibit A exclude District and City administrative and other overhead costs allocated directly to the wastewater activities of the City and District. The City and District shall incur 100% of each agency’s own administrative and other costs not shown on Exhibit A. 2. For any costs incurred for District-only activities or projects (e.g. a main line replacement of a District asset), that the City is required to perform or contracted to perform on the District’s behalf, the City may include in total project costs an amount to cover the City’s indirect administrative and overhead costs. Before the City is required to perform the work, the parties shall negotiate and agree on the amount thereof to include in the project costs to be paid by the District. In the event of an emergency or urgent need to commence work before the parties can negotiate and agree on the total project costs, including indirect administrative Attachment 5 Page 481 of 550 2 and overhead costs, the City and the District shall negotiate and agree on those costs before a final cost settlement is made. 3. The District shall pay to the City by the 1st of every month starting July 1, 2021, 1/12th ($430,538) of the District’s share of the agreed operating budget (Personnel, Operations, and Indirect Rate) shown in Exhibit A. City is not required to generate an invoice for these payments which are regularly scheduled fixed monthly payments to the City by the District. As provided in Section II.D.4.a of the Operating Agreement, the City and District will review every quarter the actual costs incurred. This City and District will reconcile differences between actual costs incurred, budget costs, and over/under payments made by either agency no later than 90 days after the end of the fiscal year, June 30. 4. Payments under subsections b and c above shall be subject to interest as provided in Section II.D.4.b of the Operating Agreement. 5. Both parties have multiple outstanding issues related to this budget and budget years 2018-19 and 2019-20 but will forgo asserting them for this budget year (2021-22) with the understanding that neither party is waiving its right to raise any or all of these same issues for future budgets. Neither this Agreement nor the approved expenditures and budget shall be treated by either party as an admission or concession that any such objection or concern lacks merit or has the effect of waiving any such objection or preventing it from being asserted in the future. The parties have entered this agreement on the date first written above. UKIAH VALLEY SANITATION DISTRICT CITY OF UKIAH By: _____________________ Ernie Wipf, Chairperson Sage Sangiacomo, City Manager ATTEST: ATTEST: By: _________________ _____________________ Kristine Lawler, City Clerk APPROVED AS TO FORM APPROVED AS TO FORM _____________________ _____________________ _________, General Counsel David J. Rapport, City Attorney Attachment 5 Page 482 of 550 3 Exhibit A Shared Costs Between City and District for the Combined City/District Sewer System Fiscal Year 2021-22 Budget by Activity (Collection and Treatment) Budget by Character (Major Cost Category) Attachment 5 Page 483 of 550 4 Exhibit A (cont) Shared Costs Between City and District for the Combined City/District Sewer System Fiscal Year 2021-22 Budget by Object Attachment 5 Page 484 of 550 5 Attachment 5 Page 485 of 550 6 Attachment 5 Page 486 of 550 POLICY RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING FINANCIAL MANAGEMENT POLICIES WHEREAS, the City Council of the City of Ukiah approves an annual operating budget, requiring a long-term perspective and emphasis on a policy-oriented budget process, and; WHEREAS, clear direction on basic financial policy issues can assist in setting and prioritizing City goals and in clarifying direction on budget issues, and; WHEREAS, the City Council has identified a number of policy areas in which it can document basic financial management principles. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah rescinds Policy Resolution No. 39 (2013) and: THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Ukiah approves the attached Financial Management Policies for the City of Ukiah (Exhibit A). PASSED AND ADOPTED on June 16, 2021, by the following Roll Call Vote: AYES: NOES: ABSTAIN : ABSENT: _____________________________________ Juan Orozco, Mayor ATTEST : Kristine Lawler, City Clerk Attachment 6 Page 487 of 550 Exhibit A Page | 1 Finance and IT Department TITLE: FINANCIAL MANAGEMENT POLICIES CATEGORY: BUDGET ADOPTION LEVEL: CITY COUNCIL DATE: POLICY NO.: B-001 ENABLING RESOLUTION (resolution no) Policy Resolution No. _____ Authorizing Signature ORIGINALLY ADOPTED 11/20/2013 REVISED 6/16/2021 POLICY COMMITTEE 6/9/2021 DEPARTMENT HEAD (signature date) CITY OF UKIAH FINANCIAL MANAGEMENT POLICIES Table of Contents A. General Financial Goals ..................................................................................................................... 2 B. Budget Administration ...................................................................................................................... 2 C. General Revenue Management ........................................................................................................ 4 D. Utility Rates and Fees ........................................................................................................................ 4 E. Investments ....................................................................................................................................... 5 F. Expenditures ..................................................................................................................................... 5 G. Equipment Replacement Funds ........................................................................................................ 5 H. Capital Improvement Program ......................................................................................................... 6 I. Debt Management ............................................................................................................................ 6 L. Human Resources Management ....................................................................................................... 9 Page 488 of 550 Exhibit A Page | 2 A. General Financial Goals The general financial goals of the City of Ukiah are: A.1. To maintain a financially viable City that provides an adequate level of municipal services. A.2. To maintain financial flexibility to be able to continually adapt to local and regional economic changes. A.3. To maintain and enhance the sound fiscal condition of the City. B. Budget Administration B.1. The City will strive to adopt a balanced budget by June 30 preceding the fiscal year. A balanced budget means that operating revenues and other financing sources must fully cover operating expenditures, including debt service, as set forth in B.6. below. A balanced budget allows for total expenditures to exceed revenues and other financing sources; however, beginning fund balance and strategic reserve funds should only be used to fund capital improvement projects or other one-time, non-recurring expenditures, as set forth in B.10. below. B.2. The City will prepare a budget calendar no later than January 15 preceding the budget period. B.3. The City will use a budget development process based primarily on best practices as promulgated by the Government Finance Officers Association (GFOA) that emphasizes long- range planning and effective program management. The process will: a. Reinforce the importance of long-range planning in managing the City's fiscal affairs. b. Focus on developing and budgeting for the accomplishment of significant goals. c. Establish realistic timeframes for achieving goals. d. Create a proactive budget that provides for stable operations and assures the City's long-term fiscal health. e. Promote orderly spending patterns. B.4. During the budget development process, the existing budget will be thoroughly examined to ensure City services deemed necessary and desirable by the City Council are planned and delivered effectively and efficiently. B.5. The City will avoid budgetary and accounting practices that balance the current budget at the expense of future budgets. Page 489 of 550 Exhibit A Page | 3 B.6. The City will strive to support current operating expenditures, including debt service, with current revenues. B.7. The City will forecast its revenues and expenditures for each of the succeeding five years and will update this forecast at least annually. B.8. The status of major program goals will be formally reported to the City Council on a periodic, ongoing basis. B.9. Budget amendments and adjustments. Budgetary control is maintained at the following levels: a. The City Council maintains budgetary control for the entire overall City budget. It will review and amend appropriations regularly as needed to any budgeted fund, with the following exceptions: i. The City Manager maintains budgetary control at the fund level. The City Manager may approve and adjust the budget within any budgeted fund so long as the net appropriation to the fund is not increased, e.g., an increase to a budget line item or account is offset by a commensurate reduction to a different budget line item or account. ii. The Finance Director, or designee, maintains budgetary control at the line item, object, or account level. The Finance Director may approve and adjust the budget within objects, e.g. between a parent object account and a project sub- object account. Also, the Finance Director may approve budget adjustments that result in a total increase to a fund budget so long as a commensurate revenue amount is recognized, e.g. an expenditure is reimbursed by a third- party (reimbursable jobs). B.10. The City will strive to preserve the spending of fund balance and strategic reserve funds for capital improvement projects, or other one-time, non-recurring expenditures. Non- recurring expenditures are defined here as those that do not regularly recur beyond a stated limited amount of time, e.g. beyond three years, as recommended by the City Manager and approved by the City Council. B.11. Unspent, unencumbered operating and capital improvement program appropriations will lapse at the end of the budget period. Requests for lapsed program appropriations may be resubmitted for inclusion in the subsequent fiscal year. Unspent but encumbered appropriations at the end of a fiscal year shall amend the budget of the subsequent fiscal year. The Finance Department shall execute this amendment as part of its year-end closing procedures. Page 490 of 550 Exhibit A Page | 4 C. General Revenue Management C.1. The City will seek to maintain a diversified and stable revenue base to protect it from short - term fluctuations in any one revenue source. C.2. To emphasize and facilitate long-range financial planning, the City shall strive to maintain current projections of revenues for the succeeding five years. C.3. Because revenues, especially those of the General Fund, are sensitive to both local and regional economic conditions, revenue estimates adopted by the City Council should be conservative and based primarily on best practices promulgated by GFOA. C.4. The City will annually review the General Fund operating position (revenues less expenditures) to determine if funds are available to operate and maintain future capital facilities. If funding is not available for operations and maintenance expenditures, the City will evaluate all viable options. C.5. User fees will be reviewed and updated on a periodic basis to recover the full cost of services provided, except when the City Council determines that a subsidy from the General Fund is within the cost recovery policy adopted by the Council. The City will strive to establish a master fee schedule that will encompass all fees and charges of the City and make that fee schedule publicly available. C.6. Any transfers between funds for operating purposes shall be clearly set forth in the Adopted Budget. These operating transfers, under which financial resources are transferred from one fund to another, are distinctly different from interfund borrowings, which are usually made for temporary cash flow reasons and are not intended to result in a transfer of financial resources by the end of the fiscal year. From time to time, interfund borrowings may be appropriate but are subject to the following criteria and in accordance with the City’s adopted Debt Management Policy: a. The Finance Director is authorized to approve temporary interfund borrowings for cash flow purposes whenever the cash shortfall is expected to be resolved within 60 days or the next fiscal year. The most common use of interfund borrowing under this circumstance is for grant programs where costs are incurred before drawdowns are initiated and received. b. Interfund advances or other long-term interfund borrowing exceeding one year in maturity can be executed by the Finance Director, pursuant to any applicable law, and shall subsequently be reported to the City Council. D. Utility Rates and Fees D.1. The City will set utility rates and user fees at levels that fully recover the total direct and indirect costs of the activity. Direct costs include the costs of operations, including the maintenance of facilities, capital outlay, debt service and annual depreciation of capital Page 491 of 550 Exhibit A Page | 5 assets. Indirect costs include those associated with administrative allocations and internal services used. D.2. The City shall review and adjust utility rates and user charges as required no less than once every five years to ensure that they remain appropriate and equitable. E. Investments E.1. The Finance Director will annually submit an investment policy to the City Council for review and adoption. E.2. Under the guidance of the City's Investment Oversight Committee, the Finance Director will invest the City's idle monies with an outside investment advisor in accordance with applicable law and adopted investment policies and direct the investment of bond or note monies on deposit with a trustee or fiscal agent in accordance with the applicable indenture or issuance document. F. Expenditures F.1. The City will strive to maintain a level of expenditures that will provide for the public well- being and safety of the residents of the community. F.2. The City will strive to provide a level of expenditure that will maintain its assets. F.3. The City will maintain purchasing methods in accordance with law and the City's adopted purchasing policies and procedures to secure the most competitive price consistent with the highest quality desirable for use intended and the needs of the City. F.4. The City Council will annually adopt a resolution establishing the City' s appropriations limit calculated in accordance with Article Xlll-8 of the Constitution of the State of California, Section 7900 of the State of California Government Code, and any other voter approved amendments or state legislation that affects the City's appropriations limit. The Council will generally consider this resolution in connection with final approval of the City's budget. G. Equipment Replacement Funds G.1. The City will maintain a General Government Equipment Replacement Fund (Fund 220) for governmental funds and equipment replacement funds for each proprietary fund where appropriate and desirable to provide for the timely replacement of vehicles, equipment, network and computer, and other short-lived capital assets. G.2. The City will strive to make an annual contribution to these funds based on the annual use allowance, which is determined by the estimated life of the vehicles or equipment to be replaced and their original purchase costs. Page 492 of 550 Exhibit A Page | 6 G.3. Interest earnings and sales of surplus equipment as well as any related damage and insurance recoveries will be credited to the funds in which the asset was capitalized (proprietary funds) or from which the original capital expenditure was incurred. H. Capital Improvement Program H.1. The City will develop a five-year capital improvement program (CIP) each budget cycle. The purpose of the CIP is to systematically plan, schedule and finance capital projects to ensure cost-effectiveness as well as conformance with the City's established policies. H.2. Questions to consider when prioritizing a capital project include: a. Is it mandated? b. Is there an emergency need? c. Is there a direct or indirect economic benefit? d. Is there full or partial funding? e. Does it detail with other capital projects that are a priority for other reasons? f. How does it fit in with the City Council's strategic goals? H.3. The City will identify the estimated costs, potential funding sources, and project schedule for each capital project proposal in the CIP before it is submitted to the City Council for approval. H.4. The City will coordinate the development of the CIP with the development of the operating budget. H.5. Construction projects that cost $20,000 or more and equipment purchases that cost $10,000 or more will be included in the CIP, except for replacements of police squad cars which are included in the operating program budget. Minor capital construction outlays of less than $20,000 and minor equipment purchases of less than $10,000 will be included in the operating program budgets. H.6. The City will make all capital improvements in accordance with an adopted and funded CIP. H.7. Cost tracking procedures for current-period components of the CIP will be implemented and updated quarterly to ensure project completion is within budget and established timelines. I. Debt Management I.1. The City will consider the use of debt financing in accordance with its Debt Management Policy and when determined reasonable and cost-effective, notably for high-priority, non- recurring capital improvement projects and only under the following circumstances: Page 493 of 550 Exhibit A Page | 7 a. When the project's useful life will exceed or equal the term of financing, and; b. When projected revenues or specific resources will be sufficient to service the long-term debt. I.2. Debt financing should not be considered appropriate for any recurring purpose such as current operating and maintenance expenditures. The issuance of short-term instruments such as revenue, tax or bond anticipation notes is excluded from this limitation. I.3. The City will carefully monitor its level of debt because debt capacity is limited. Funds borrowed for a project today are not available to fund other projects tomorrow, and funds committed for debt repayment today are not available to fund operations tomorrow. I.4. A feasibility analysis will be prepared for each long-term financing which analyzes the impact on current and future budgets for debt service and operations. This analysis will also address the reliability of revenues to support debt service. I.5. The City will diligently monitor its compliance with bond covenants and ensure its adherence to federal arbitrage regulations. I.6. The City will maintain good, ongoing communications with bond rating agencies about the City' s financial condition. I.7. Periodic reviews of all outstanding debt will be undertaken to determine refinancing opportunities. Refinancing will be considered under the following conditions: a. There is a net economic benefit. b. It is needed to modernize covenants that are adversely affecting the City's financial position or operations. c. The City wants to reduce the principal outstanding in order to achieve future debt service savings, and it has available working capital to do so from other sources. J. Fund Balance and Reserves J.1. The City shall strive to maintain a unassigned fund balance in the General Fund, including the General Fund's Strategic Reserve Fund, of at least 25 percent of General Fund operating expenditures. A 25-percent fund balance is equivalent to approximately three months of operating expenditures. The primary purpose of this minimum fund balance is to meet cash flow requirements; to protect the City's essential service programs and funding requirements during periods of economic uncertainty, local disasters, other financial hardships or downturns in the local economy; and to provide for unforeseen operating or capital needs. Additionally, a fund balance of 25 percent is considered the minimum level Page 494 of 550 Exhibit A Page | 8 necessary to maintain the City's credit worthiness and is consistent with GFOA best practices. J.2. The City Council may assign specific fund balance levels for future development of capital projects that it has determined to be in the best long-term interests of the City. J.3. The City's enterprise funds shall strive to maintain a minimum working capital balance (defined as current assets minus current liabilities) of at least 25 percent of operating J.4. J.5. expenditures. The primary purpose of this balance is to set aside funds to maintain cash balances sufficient to pay expenses as needed and to provide for unanticipated or emergency expenses that could not be reasonably foreseen during the preparation of the budget. J.6. In addition to the designated balances noted above, levels of fund balance and working capital will be sufficient to meet: a. Debt service covenants and reserve requirements. b. Reserves for encumbrances. c. Established rate stabilization reserves. d. Funding requirements for projects approved in prior years that are carried forward. e. Credit worthiness standards or requirements. f. Other assignments required by contractual obligations, state law, generally accepted accounting principles, or GFOA best practices. K. Accounting, Auditing and Financial Reporting K.1. The City's accounting and financial reporting systems will be maintained in conformance with generally accepted accounting principles and standards of the Governmental Accounting Standards Board. K.2. A capital asset system will be maintained to identify all City assets, their historical cost, and useful life. Consistent with the accompanying policies set forth for the City's Capital Improvement Program, the capitalization threshold for capital assets is a minimum two-year lifespan and total initial cost of $10,000. K.3. An annual audit will be performed by an independent public accounting firm with the subsequent issue of, at a minimum, General Purpose Financial Statements that include an Page 495 of 550 Exhibit A Page | 9 audit opinion. The City shall strive to issue audited financial statements within 180 days after year-end. L. Human Resources Management L.1. The City Council shall establish and authorize all regular positions, including part-time, seasonal, and extra-help regular positions through the budget process. The City Manager is authorized to hire limited-term extra-help positions when needed and necessary. The City Manager also is authorized to over-hire for positions where vacancies are expected or imminent during the fiscal year to mitigate service disruption. L.2. The budget will fully appropriate the resources needed for authorized regular positions and will limit programs to the regular staffing authorized. L.3. The City will strive to provide competitive compensation and benefits for its authorized regular employees. Market adjustments may be made by the City Council upon recommendation by the City Manager. L.4. All request for additional regular positions will include evaluations of: a. The necessity, benefits, term and expected results of the proposed activity. b. Staffing and materials costs including salary, benefits, equipment, uniforms, support, and facilities and related funding requirements. c. Alternative means of service delivery, with consideration given to quality of service. d. Additional revenues or cost savings that may be realized. Page 496 of 550 Attachment 7 - DRAFT Page | 1 Finance and IT Department TITLE: FINANCIAL MANAGEMENT POLICIES CATEGORY: BUDGET ADOPTION LEVEL: DEPARTMENT DATE: POLICY NO.: B-001 ENABLING RESOLUTION (resolution no) N/A Authorizing Signature ORIGINALLY ADOPTED (adoption date) REVISED (adoption date) POLICY COMMITTEE (approval date) DEPARTMENT HEAD (signature date) CITY OF UKIAH FINANCIAL MANAGEMENT POLICIES Table of Contents A. General Financial Goals ..................................................................................................................... 2 B. Budget Administration ...................................................................................................................... 2 C. General Revenue Management ...................................................................................................... 44 D. Utility Rates and Fees ...................................................................................................................... 54 E. Investments ..................................................................................................................................... 55 F. Expenditures ................................................................................................................................... 55 G. Equipment Replacement Funds ...................................................................................................... 55 H. Capital Improvement Program ....................................................................................................... 66 I. Debt Management .......................................................................................................................... 76 L. Human Resources Management ..................................................................................................... 99 Page 497 of 550 Attachment 7 - DRAFT Page | 2 A. General Financial Goals The general financial goals of the City of Ukiah are: A.1. To maintain a financially viable City that provides an adequate level of municipal services. A.2. To maintain financial flexibility in order toto be able to continually adapt to local and regional economic changes. A.3. To maintain and enhance the sound fiscal condition of the City. B. Budget Administration B.1. The City will strive to adopt a balanced budget by June 30 preceding the budget periodfiscal year. A balanced budget means that operating revenues and other financing sources must fully cover operating expenditures, including debt service, as set forth in B.6. below. A balanced budget allows for total expenditures to exceed revenues and other financing sources; however, beginning fund balance and strategic reserve funds can should only be used to fund capital improvement projects or other one-time, non-recurring expenditures, as set forth in B.10. below. B.2. The City will prepare a budget calendar no later than January 15 preceding the budget period. B.3. The City will use a budget development process based in primarily on best practices as promulgated by the Government Finance Officers Association (GFOA) that emphasizes long- range planning and effective program management. The process will: a. Reinforce the importance of long-range planning in managing the City's fiscal affairs. b. Focus on developing and budgeting for the accomplishment of significant goals. c. Establish realistic timeframes for achieving goals. d. Create a proactive budget that provides for stable operations and assures the City's long-term fiscal health. e. Promote orderly spending patterns. B.4. During the budget development process, the existing budget will be thoroughly examined to enassure removal or reduction of any services or programs that could be eliminated or reduced in costCity services deemed necessary and desirable by the City Council are planned and delivered effectively and efficiently. Page 498 of 550 Attachment 7 - DRAFT Page | 3 B.5. The City will avoid budgetary and accounting procedures practices that balance the current budget at the expense of future budgets. B.6. The City will strive to support current operating expenditures, including debt service, with current revenues. B.7. The City will forecast its revenues and expenditures for each of the succeeding five years and will update this forecast at least annually. B.8. The status of major program goals will be formally reported to the City Council on a periodic, ongoing basis. B.9. Budget amendments and adjustments. Budgetary control is maintained at the following levels: a. The City Council maintains budgetary control for the entire overall City budget. It will review and amend appropriations regularly as needed, if necessary, on a periodic, ongoing basis. to any budgeted fund, with the following exceptions: i. The City Manager maintains budgetary control at the fund level. The City Manager may approve and adjust the budget within any budgeted fund so long as the net appropriation to the fund is not increased, e.g., an increase to a budget line item or account is offset by a commensurate reduction to a different budget line item or account. ii. The Finance Director, or designee, maintains budgetary control at the line item, object, or account level. The Finance Director may approve and adjust the budget within objects, e.g. between a parent object account and a project sub- object account. Also, the Finance Director may approve budget adjustments that result in a total increase to a fund budget so long as a commensurate revenue amount is recognized, e.g. an expenditure is reimbursed by a third- party (reimbursable jobs). B.9.B.10. The City will strive to preserve the spending of fund balance and strategic reserve funds for capital improvement projects, or other one-time, non-recurring expenditures. Non- recurring expenditures are defined here as those that do not regularly recur beyond a stated limited amount of time, e.g. beyond three years, as recommended by the City Manager and approved by the City Council. B.10.B.11. Unspent, unencumbered operating and capital improvement program appropriations will lapse at the end of the budget period. Requests for lapsed program appropriations may be resubmitted for inclusion in the subsequent budget periodfiscal year. Unspent but encumbered appropriations at the end of a fiscal year the budget period shall amend the budget of the subsequent period fiscal yearby means of a budget amendment approved by the City Council. The Finance Department shall execute this amendment as part of its year- end closing procedures. Page 499 of 550 Attachment 7 - DRAFT Page | 4 C. General Revenue Management C.1. The City will seek to maintain a diversified and stable revenue base to protect it from short - term fluctuations in any one revenue source. C.2. To emphasize and facilitate long-range financial planning, the City will shall strive to maintain current projections of revenues for the succeeding five years. C.3. Because revenues, especially those of the General Fund, are sensitive to both local and regional economic conditions, revenue estimates adopted by the City Council must should be conservative and based primarily on best practices promulgated by GFOA. C.4. The City will annually review the General Fund operating position (revenues less expenditures) to determine if funds are available to operate and maintain future capital facilities. If funding is not available for operations and maintenance expensesexpenditures, the City will evaluate all viable options. C.5. User fees will be reviewed and updated on a periodic basis to recover the full cost of services provided, except when the City Council determines that a subsidy from the General Fund is within the cost recovery policy adopted by the Council. The City will strive to establish a master fee schedule that will encompass all fees and charges of the City and make that fee schedule publicly available. C.6. Any transfers between funds for operating purposes shall be clearly set forth in the Adopted Budget. These operating transfers, under which financial resources are transferred from one fund to another, are distinctly different from interfund borrowings, which are usually made for temporary cash flow reasons and are not intended to result in a transfer of financial resources by the end of the fiscal year. From time to time, interfund borrowings may be appropriate but are subject to the following criteria and in accordance with the City’s adopted Debt Management Policy: a. The Finance Director is authorized to approve temporary interfund borrowings for cash flow purposes whenever the cash shortfall is expected to be resolved within 60 days or the next fiscal year. The most common use of interfund borrowing under this circumstance is for grant programs where costs are incurred before drawdowns are initiated and received. b. Any other interfund borrowings for cash flow or other purposes require approval byInterfund advances or other long-term interfund borrowing exceeding one year in maturity can be executed by the Finance Director, pursuant to any applicable law, and shall subsequently be reported to the City Council. Page 500 of 550 Attachment 7 - DRAFT Page | 5 D. Utility Rates and Fees D.1. The City will set utility rates and user fees at levels that fully recover the total direct and indirect costs of the activity. Indirect Direct costs include the costs of operations, inclduingincluding the maintenacemaintenance of facilitesfacilities , capital outlay, debt service and annual depreciation of capital assets. Indirect costs include those associated with administrative allocations and internal services used. D.2. The City will shall review and adjust utility rates and user charges as required no less than once every five years to ensure that they remain appropriate and equitable. E. Investments E.1. The Finance Director will annually submit an investment policy to the City Council for review and adoption. E.2. Under the guidance of the City's Investment Oversight Committee, the Finance Director will invest the City's idle monies with an outside investment advisor in accordance with applicable law and adopted investment policies and direct the investment of bond or note monies on deposit with a trustee or fiscal agent in accordance with the applicable indenture or issuance document . F. Expenditures F.1. The City will strive to maintain a level of expenditures that will provide for the public well- being and safety of the residents of the community. F.2. The City will strive to provide a level of expenditure s that will maintain the publicits assets. F.3. The City will maintain purchasing methods, in accordance with law and the City's adopted purchasing policies and procedures to secure the lo westmost competitive price consistent with the highest quality desirable for use intended and the needs of the City. F.4. The City Council will annually adopt a resolution establishing the City' s appropriations limit calculated in accordance with Article Xlll-8 of the Constitution of the State of California, Section 7900 of the State of California Government Code, and any other voter approved amendments or state legislation that affects the City's appropriations limit . The Council will generally consider this resolution in connection with final approval of the City' s budget. G. Equipment Replacement Funds G.1. The City will maintain a General Government Equipment Replacement Fund (Fund 220) for governmental funds and a and equipment replacement funds Utilities Equipment Replacement Fund for each utility proprietary fund where appropriate and desirable to Page 501 of 550 Attachment 7 - DRAFT Page | 6 provide for the timely replacement of vehicles, equipment, network and computer, information technology, and other short-lived capital equipmentassets. G.2. The City will strive to make an annual contribution to these funds based on the annual use allowance, which is determined by the estimated life of the vehicles or equipment to be replaced and their original purchase costs. G.3. Interest earnings and sales of surplus equipment as well as any related damage and insurance recoveries will be credited to the Equipment Replacement Fundsfunds in which the asset was capitalized (proprietary funds) or from which the original capital expenditure was incurred. H. Capital Improvement Program H.1. The City will develop a five-year capital improvement program (CIP) each budget cycle. The purpose of the CIP is to systematically plan, schedule and finance capital projects to ensure cost-effectiveness as well as conformance with the City's established policies. H.2. Questions to consider when prioritizing a capital project include: a. Is it mandated? b. Is there an emergency need? c. Is there a direct or indirect economic benefit? d. Is there full or partial funding? e. Does it detail with other capital projects that are a priority for other reasons? f. How does it fit in with the City Council's strategic goals? H.3. The City will identify the estimated costs, potential funding sources, and project schedule for each capital project proposal in the CIP before it is submitted to the City Council for approval. H.4. The City will coordinate the development of the CIP with the development of the operating budget. H.5. Construction projects that cost $20,000 or more and equipment purchases that cost H.6.H.5. $10,000 or more will be included in the CIP, except for replacements of police squad cars which are included in the operating program budget. Minor capital construction outlays of less than $20,000 and minor equipment purchases of less than $10,000 will be included in the operating program budgets. H.7.H.6.The City will make all capital improvements in accordance with an adopted and funded CIP. Page 502 of 550 Attachment 7 - DRAFT Page | 7 H.8.H.7.Cost tracking procedures for current-period components of the CIP will be implemented and updated quarterly to ensure project completion is within budget and established timelines. I. Debt Management I.1. The City will consider the use of debt financing in accordance with its Debt Management Policy and when determined reasonable and cost-effective, onlynotably for high-priority, one-timenon-recurring capital improvement projects and only under the following circumstances: a. When the project's useful life will exceed or equal the term of financing, and; b. When projected revenues or specific resources will be sufficient to service the long- termlong-term debt. I.2. Debt financing will should not be considered appropriate for any recurring purpose such as current operating and maintenance expenditures. The issuance of short-term instruments such as revenue, tax or bond anticipation notes is excluded from this limitation. I.3. The City will carefully monitor its level of debt because debt capacity is limited. Funds borrowed for a project today are not available to fund other projects tomorrow, and funds committed for debt repayment today are not available to fund operations tomorrow. I.4. A feasibility analysis will be prepared for each long-term financing which analyzes the impact on current and future budgets for debt service and operations. This analysis will also address the reliability of revenues to support debt service. I.5. The City will diligently monitor its compliance with bond covenants and ensure its adherence to federal arbitrage regulations. I.6. The City will maintain good, ongoing communications with bond rating agencies about the City' s financial condition. I.7. Periodic reviews of all outstanding debt will be undertaken to determine refinancing opportunities. Refinancing will be considered under the following conditions: a. There is a net economic benefit. b. It is needed to modernize covenants that are adversely affecting the City's financial position or operations. c. The City wants to reduce the principal outstanding in order to achieve future debt service savings, and it has available working capital to do so from other sources. J. Fund Balance and Reserves Page 503 of 550 Attachment 7 - DRAFT Page | 8 J.1. The City will shall strive to maintain a unassigned fund balance in the General Fund, including the General Fund's Strategic Reserve Fund, of at least 25 percent of General Fund operating expenditures. A 25-percent fund balance is equivalent to approximately three months of J.2.J.1. operating expenditures. The primary purpose of this minimum fund balance is to meet cash flow requirements;, to protect the City's essential service programs and funding requirements during periods of economic uncertainty, local disasters, other financial hardships or downturns in the local economy;, and to provide for unforeseen operating or capital needs. Additionally, a fund balance of 25 percent is considered the minimum level necessary to maintain the City's credit worthiness and is consistent with to meet GFOA best practices. J.3.J.2. The City Council may assign specific fund balance levels for future development of capital projects that it has determined to be in the best long-term interests of the City. J.3. The City's enterprise funds will shall strive to maintain a minimum working capital balance (defined as current assets minus current liabilities) of at least 25 percent of operating J.4. J.4.J.5. expensesexpenditures. The primary purpose of this balance is to set aside funds to maintain cash balances sufficient to pay expenses as needed and to provide for unanticipated or emergency expenses that could not be reasonably foreseen during the preparation of the budget. J.5.J.6. In addition to the assigneddesignated balances noted above, levels of fund balance and working capitaland retained earnings will be sufficient to meet: a. Debt service covenants and reserve requirements. b. Reserves for encumbrances. c. Established rate stabilization reserves. d. Funding requirements for projects approved in prior years that are carried forward. d.e. Credit worthiness standards or requirements. e.f. Other assignments required by contractual obligations, state law , or generally accepted accounting principles, or GFOA best practices. Page 504 of 550 Attachment 7 - DRAFT Page | 9 K. Accounting, Auditing and Financial Reporting K.1. The City's accounting and financial reporting systems will be maintained in conformance with generally accepted accounting principles and standards of the Governmental Accounting Standards Board. K.2. A fixed capital asset s system will be maintained to identify all City assets, their historical cost, and useful life. Consistent with the accompanying policies set forth for the City's Capital Improvement Program, the dollar threshold for fixed assets will increase from $5,000 to $10,000 effective July 1, 2014.the capitalization threshold for capital assets is a minimum two year lifespan and total initial cost of $10,000. K.3. At the beginning of the annua l bud get preparation cycle, a financial review will be submitted to the City Council and will be made available to the public. K.4. Full and continuing disclosure will be provided in the general financial statement s and bond representations. K.5.K.3. An annual audit will be performed by an independent public accounting firm with the subsequent issue of, at a minimum, General Purpose Financial Statements that include an audit opinion. The City will shall strive to issue audited financial statements within 180 days after year-end. L. Human Resources Management L.1. The City Council will shall authorize establish and authorize all regular positions, including part -time, seasonal, and extra-help regular positions through the budget process. The City Manager is authorized to hire limited-term extra-help positions when needed and necessary. The City Manager also is authorized to over-hire for positions where vacancies are expected or imminent during the fiscal year to mitigate service disruption. L.2. The budget will fully appropriate the resources needed for authorized regular positions and will limit programs to the regular staffing authorized. L.3. The City will strive to provide competitive compensation and benefits for its authorized regular employees. Market adjustments may be made by the City Council upon recommendation by the City Manager. L.4. All request for additional regular positions will include evaluations of: a. The necessity, benefits, term and expected results of the proposed activity. b. Staffing and materials costs including salary, benefits, equipment, uniforms, support, and facilities and related funding requirements. Page 505 of 550 Attachment 7 - DRAFT Page | 10 c. Alternative means of service deliver y, with consideration given to quality of service. d. Additional revenues or cost savings that may be realized. Page 506 of 550 RESOLUTION NO. 2021-________XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE CITY OF UKIAH DEBT MANAGEMENT POLICY WHEREAS, the City Council (the “Council”) of the City of Ukiah (the “City”) recognizes that cost-effective access to the capital markets depends on prudent management of the City’s debt program; and WHEREAS, Government Code section 8855(i) requires any issuer of public debt to provide to California Debt and Investment Advisory Commission (CDIAC) no later than 30 days prior to the sale of any debt issue a report of the proposed issuance (the “Report of Proposed Debt Issuance”), and must certify on the Report of Proposed Debt Issuance that they have adopted local debt policies concerning the use of debt and that the proposed debt issuance is consistent with those policies (the “CDIAC Requirements”); and WHEREAS, the City Council wishes to set parameters for issuing debt, managing the debt portfolio and providing guidance to decision makers; and WHEREAS, the City Council finds and determines that adoption of the attached amended Debt Management Policy (the “Debt Management Policy”) will help ensure that debt is issued and managed prudently in order to maintain sound fiscal policy, and is in compliance with the CDIAC Requirements; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby orders and determines as follows: Section 1. Recitals. The Council hereby specifically finds and declares that each of the recitals set forth above are true and correct and are hereby incorporated in conjunction with the respective staff report. Section 2. Approval of the Debt Management Policy. This Council hereby declares that the proposed amended Debt Management Policy attached hereto as Exhibit A, is hereby approved as the City of Ukiah Debt Management Policy to be effective upon adoption of this Resolution. Section 3. Approval of the Debt Management Policy. That the issuance of debt functions is delegated to the Finance Director’s Office as set forth in the amended Debt Management Policy, with final authorization of such new debt issuance by the City Council as applicable. Section 4. Authorization to Manage Debt Issuance Functions. The Finance Director is hereby authorized to manage debt issuance functions for the City of Ukiah in accordance with the Debt Management Policy. Section 5. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. The foregoing resolution was adopted at a regular meeting of the City Council of the City of Ukiah held on the on the 16th day of June, 2021 by the following vote: AYES: NOES: ABSTAIN: ABSENT: _____________________ Juan Orozco, Mayor ATTEST: ______________________ Kristine Lawler, City Clerk Attachment 8 Page 507 of 550 CITY OF UKIAH Debt Management Policy JUNE 16, 2021 CITY OF UKIAH, CA EXHIBIT A Attachment 8 Page 508 of 550 Finance and IT Department TITLE: DEBT MANAGEMENT POLICY CATEGORY: ACCOUNTING AND REPORTING ADOPTION LEVEL: CITY COUNCIL DATE: POLICY NO.: AR-002 ENABLING RESOLUTION (resolution no) N/A Authorizing Signature ORIGINALLY ADOPTED 2/15/2017 REVISED 6/16/2021 POLICY COMMITTEE 6/9/2021 DEPARTMENT HEAD (signature date) Table of Contents Section 1: Policy .............................................................................................................................................. 2 Section 2: Scope ............................................................................................................................................. 2 Section 3: Objectives ....................................................................................................................................... 2 Section 4: Delegation Authority........................................................................................................................ 3 Section 5: Methods of Financing ...................................................................................................................... 3 Section 6: Structure and Term .......................................................................................................................... 5 Section 7: Method of Issuance and Sale; Disclosure ........................................................................................... 6 Section 8: Creditworthiness Objectives ............................................................................................................. 8 Section 9: Post Issuance Administration ............................................................................................................ 9 Section 10: Training....................................................................................................................................... 10 Section 11: Glossary ...................................................................................................................................... 11 Attachment 8 Page 509 of 550 Section 1: Policy This Debt Management Policy sets forth debt management objectives for the City of Ukiah and its component units for which the City Council acts as legislative body, and the term “City” shall refer to each of such entities. This Debt Management Policy establishes general parameters for issuing and administering debt. Recognizing that cost-effective access to the capital markets depends on prudent management of the Debt Program, the City Council has adopted this Debt Management Policy by resolution. This Debt Management Policy is intended to comply with California Government Code Section 8855(i) and SB 1029 (2016). Section 2: Scope The guidelines established by this policy will govern the issuance and management of all debt funded for long term capital financing needs and not for general operating functions. When used in this policy, “debt” refers to all forms of indebtedness and financing lease obligations. The Finance Department recognizes that changes in the capital markets and other unforeseen circumstances may require action that deviates from this Debt Management Policy. In cases that require exceptions to this Debt Management Policy, approval from the City Council will be necessary for implementation. Section 3: Objectives The purpose of this Debt Management Policy is to assist the City in pursuit of the following equally important objectives, while providing full and complete financial disclosure and ensuring compliance with applicable state and federal laws: •Minimize debt service and issuance costs; •Maintain access to cost effective borrowing •Achieve the highest practical credit rating •Ensure full and timely repayment of debt •Maintain full and complete financial disclosure and reporting •Ensure compliance with applicable state and federal laws Budget Integration – The decision to incur new indebtedness should be integrated with the policy decisions embedded in the City Council-adopted annual Operating Budget and Capital Improvement Program Budget. The annual debt service payments shall be included in the Operating Budget. The City will integrate its debt issuances with the goals of its Capital Improvement Program by timing the issuance of debt to ensure that projects and related funding are available when needed in furtherance of the City’s public purposes. The City will seek to issue debt in a timely manner to avoid having to make unplanned expenditures for capital improvements or equipment from its general fund. Review – Recognizing that cost-effective access to the capital market depends on prudent management of the City’s debt program, a regular review of the debt policy should be performed. The debt policy will be included as an Appendix in the annual Budget adopted by City Council. Any substantive changes to the policy shall be brought to the City Council for consideration and approval as part of the annual budget process. Attachment 8 Page 510 of 550 Section 4: Delegation Authority Pursuant to the provisions of Section 37209 and 40805.5 of the Government Code of the State of California, the Finance Director shall be responsible for all of the financial affairs of the City. This Debt Management Policy grants the Finance Director the authority, subject to the budget integration as discussed above, to select the financing team, coordinate the administration and issuance of debt, communicate with the rating agencies, and fulfill all of the pre-issuance and post-issuance requirements imposed by or related to state law, federal tax law and federal securities law. Financing Team Definitions and Roles – The financing team is the working group of City staff and outside consultants necessary to complete a debt issuance including but not limited to bond counsel, disclosure counsel, underwriter, municipal financial advisor, trustee, pricing consultant and/or arbitrage analyst. Typically, the Finance Director, the City Attorney, the City Manager, and appropriate Department Head(s) form the City staff portion of the Financing Team. Other staff members or designees may be appointed to the Financing Team. Consultant Selection – The City will consider the professional qualifications and experience of consultants as it relates to the specific bond issue or other financing under consideration in accordance and pursuant to the City’s Municipal Code and purchasing policies. Section 5: Methods of Financing The Finance Director will investigate all possible financing alternatives including, but not limited to bonds, loans, state bond pools, and grants. The City also has an impact fee program whereby new development pays its fair share for the increased capital and operating costs that result from new construction. Although impact fee payments are restricted to specific projects or types of projects, the use of these payments can be an important source of financing for certain capital projects. Cash Funding – The City funds a significant portion of capital improvements from reserves accumulated from one- time revenues, which have been set aside for investment in the City’s infrastructure. Inter-fund Borrowing – The City may borrow internally from other funds with surplus cash in lieu of issuing bonded debt. Purposes warranting the use of this type of borrowing could include short term cash flow imbalances, interim financing pending the issuance of bonds, or long term financing in lieu of bonds for principal amounts of under $10 million. The City funds from which the money is borrowed may be repaid with interest based upon the earning rate of the City’s investment portfolio. The Finance Director shall also exercise due diligence to ensure that it is financially prudent for the fund making the loan. Inter-fund loans will be evaluated on a case by case basis by the Finance Department. Short-term borrowing for cash flow purposes, expected to be repaid within the next operating (budget) cycle, shall be authorized and executed by the Finance Director. Any long-term borrowing (advances) between two City funds, with full maturity not expected within the succeeding fiscal year and where interest is charged by one fund and incurred by the other, may require approval by City Council by resolution. The Finance Director is authorized to execute advances between funds when and where appropriate and necessary for cash flow or intermediate financial planning purposes. The purpose of inter- fund borrowing includes financing high priority needs and to reduce costs of interest, debt issuance and/or administration. Attachment 8 Page 511 of 550 Bank Loans / Lines of Credit – Although the City does not typically utilize lines of credit for the financing of capital projects, financial institution credit is an option for municipal issuers and may be evaluated as a financing option. Other Loans – The City will evaluate other loan programs, including but not limited to State loans such as the Water Resources Control Board’s revolving fund loans for the construction of water infrastructure projects. Bond Financing – The City may issue any bonds which are allowed under federal and state law including but not limited to general obligation bonds, certificates of participation, revenue bonds, land-secured (assessment and special tax) bonds, refunding bonds and special tax bonds (see below for detail). General Obligation Bonds – General Obligation Bonds (GO Bonds) may only be issued with two-thirds approval of the City’s registered voters. The California State Constitution (Article XVI, Section 18) limits the use of the proceeds from GO Bonds to “the acquisition or improvement of real property”. Parks and Public Safety facilities are examples of the type of facilities that could be financed with GO Bonds. City Council must approve placement of such GO Bonds on the ballot. Lease Financings – Lease financings may take a variety of forms, including certificates of participation, lease revenue bonds and direct leases (typically for equipment). When the City finances acquisition or construction of capital improvements or equipment with a lease financing, the City agrees to lease either the financed asset or a different asset and, most commonly, the City’s lease payments are securitized in the form of certificates of participation or lease revenue bonds. This type of financing requires approval of City Council. Revenue Bonds – Revenue Bonds are generally issued by the City for enterprise funds that are financially self- sustaining without the use of taxes and therefore rely on the revenues collected by the enterprise fund to repay the debt. This type of financing requires approval of City Council. Assessment Bonds – The Improvement Bond Act of 1915 (Streets and Highways Code Section 8500 et seq.) and other state laws, subject to Article XIIID of the California Constitution, allow the City to issue bonds to finance improvements that provide “specific benefit” to the assessed real property. Installments are collected on the secured property tax roll of the County. The City, may also adopt assessment laws that are applicable within its boundaries. This type of financing is secured by the lien upon and assessments paid by the real property owners and does not obligate the City’s general fund or other funds. This type of financing requires approval of City Council. Special Tax Bonds – Under the Mello-Roos Community Facilities Act of 1982, the City may issue bonds on behalf of a Community Facilities District (CFD) to finance capital facilities, most commonly in connection with new development. These bonds must be approved by a two-thirds vote of the qualified electors in the CFD, which the Mello-Roos Act defines to mean registered voters if there are 12 or more registered voters in the CFD and, if there are fewer than 12 registered voters, the landowners in the CFD. Bonds issued by the City under the Mello-Roos Act are secured by a special tax on the real property within the CFD. The financed facilities do not need to be physically located within the CFD. The City may also adopt special tax financing laws that are applicable within its boundaries. As this type of financing is secured by the special tax lien upon the real property it does not obligate the City’s general fund or other funds. City Council must approve placement of such Special Tax Bonds on the ballot. Refunding Obligations – Pursuant to the Government Code and various other financing statues applicable in specific situations, the City Council is authorized to provide for the issuance of bonds for the purpose of refunding any long-term obligation of the City. Absent any significant non-economic factors, a refunding should produce Attachment 8 Page 512 of 550 minimum net debt service savings (net of reserve fund earnings and other offsets, and taking transaction costs into account) of at least 3% of the par value of the refunded bonds on a net present value basis, using the refunding issue’s True Interest Cost (TIC) as the discount rate, unless the Finance Director determines that a lower savings percentage is acceptable for issues or maturities with short maturity dates. [Additionally, the Finance Director may determine that there are other, compelling “non-economic” reasons (i.e. removal of onerous covenants, terms or conditions)]. This type of financing requires approval of the City Council. Other Obligations – There may be special circumstances when other forms of debt are appropriate and may be evaluated on a case-by-case basis. Such other forms include, but are not limited to: bond anticipation notes, grant anticipation notes, tax allocation bonds, lease revenue bonds, pension obligation bonds, etc. This type of financing requires approval of the City Council. Section 6: Structure and Term Term of Debt – Debt will be structured for the shortest period possible, consistent with a fair allocation of costs to current and future users. The standard term of long-term debt borrowing is typically 15-30 years. Consistent with its philosophy of keeping its capital facilities and infrastructure systems in good condition and maximizing a capital asset’s useful life, the City will make every effort to set aside sufficient current revenues to finance ongoing maintenance needs and to provide reserves for periodic replacement and renewal. Generally, no debt will be issued for a period exceeding the useful life or average useful lives of projects to be financed. Debt Repayment Structure – In structuring a bond issue, the City will manage the amortization of the debt and, to the extent possible, match its cash flow to the anticipated debt service payments. In addition, the City will seek to structure debt with aggregate level debt service payments over the life of the debt. Structures with unleveled debt service will be considered when one or more of the following exist: • Natural disasters or extraordinary unanticipated external factors make payments on the debt in the early years prohibitive; • Such structuring is beneficial to the City’s aggregate overall debt payment schedule; • Such structuring will allow debt service to more closely match project revenues during the early years of the project’s operation. Bond Maturity Options – For each issuance, the City will select serial bonds or term bonds, or both. On the occasions where circumstances warrant, capital appreciation bonds (CABs) may be used. The decision to use term, serial or CABs is typically driven by market conditions. Interest Rate Structure – The City will issue securities on fixed or variable interest rates, which ever will be most beneficial to the City. Credit Enhancement – Credit enhancement may be used to improve or establish a credit rating on a City debt obligation. Types of credit enhancement include letters of credit, bond insurance and surety policies. The Finance Director will recommend the use of a credit enhancement if it reduces the overall cost of the proposed financing or if the use of such credit enhancement furthers the City’s overall financial objectives. Debt Service Reserve Fund – Debt service reserve funds are held by the Trustee to make principal and interest payments to bondholders in the event the pledged revenues are insufficient to do so. The City will fund debt service reserve funds when it is in the city’s overall best financial interest. The City may decide not to utilize a Attachment 8 Page 513 of 550 reserve fund if the Finance Director, in consultation with the underwriter and municipal advisor, determines there would be no adverse impact to the City’s credit rating or interest rates. Per Internal Revenue Service rules, the size of the reserve fund on tax-exempt bond issuance is the lesser of • 10% of the initial principal amount of the debt; • 125% of average annual debt service; or • 100% of maximum annual debt service. In lieu of holding a cash funded reserve, the City may substitute a surety bond or other credit instrument in its place. The decision to cash fund a reserve fund rather than to use a credit facility is dependent upon the cost of the credit instrument, the investment opportunities and the IRS yield restrictions. Call Options / Redemption Provisions – A call option or optional redemption provision gives the City the right to prepay or retire debt prior to its stated maturity date. This option may permit the City to achieve interest savings in the future through the refunding of the bonds. Often the City will pay a higher interest rate as compensation to the buyer for the risk of having the bond called in the future. In addition, if a bond is called, the holder may be entitled to a premium payment (call premium). Because the cost of call options can vary depending on market conditions, an evaluation of factors will be conducted in connection with each issuance. The Finance Director shall evaluate and recommend the use of a call option on a case by case basis. Debt Limits – California Government Code Section 43605 states the City shall not incur bonded indebtedness payable from the proceeds of property tax which exceeds 15 percent of the assessed value of all real and personal property of the City. Additionally, this policy establishes: The cumulative annual debt service of all bond issues supported by the General Fund is restricted to no more than 15 percent of annual General Fund Revenue. Bond issues supported by Enterprise Funds should maintain a minimum ratio of net operating income to annual debt service (“coverage ratio”) that the Finance Director concludes is financially prudent to the City. Typically, a higher coverage ratio produces a better credit rating and lower interest rates, yet if too high, potentially may restrict efficient Enterprise operations or unduly induce unneeded user rate increases. Therefore, the City should balance the benefits of higher ratings with the operational impact of high coverage ratios. Section 7: Method of Issuance and Sale; Disclosure Debt issues are sold to a single underwriter or to an underwriting syndicate, either through a competitive sale or a negotiated sale. A negotiated sale may involve the sale of securities to investors through an underwriter or the private placement of the securities with a financial institution or other sophisticated investor. The selected method of sale will be that which is most beneficial to the City in terms of lowest net interest rate, most favorable terms in financial structure, and market conditions. The Finance Director will review conditions in conjunction with information and advice presented by the City’s Municipal Financial Advisor. Competitive Sales of Bonds – In a competitive sale, the terms of the debt will be defined by the City and the City’s finance team, and the price of the debt will be established through a bidding process amongst impartial underwriters and/or underwriting syndicates. The issue is awarded to the underwriter judged to have submitted Attachment 8 Page 514 of 550 the best bid that offers the lowest true interest cost taking into account underwriting spread, interest rates and any discounts or premiums. Negotiated Sale of Bonds – A method for sale for bonds, notes, or other financing vehicles in which the City selects in advance, based upon proposals received or by other means, one or more underwriters to work with it in structuring, marketing and finally offering an issue to investors. The negotiated sale method is often used when the issue is: a first-time sale by an issuer (a new credit), a complex security structure, such as variable rate transaction, an unusually large issue, or in a highly volatile or congested market where flexibility as to bond sale timing is important. Private Placement – A private placement is a variation of a negotiated sale in which the City, usually with the help of a municipal financial advisor and placement agent will attempt to place the entire new issue directly with an investor. The investor will negotiate the specific terms and conditions of the financing before agreeing to purchase the issue. Private placements are generally undertaken because the transaction is complex or unique, requiring direct negotiations with the investor, or because the issue is small or of a shorter duration and a direct offering provides economies of scale, lower interest costs and reduced continuing disclosure. Derivative products - Because of their complexity, unless otherwise amended, Derivative Products such as interest rate swaps, interest floaters, and other hybrid securities are prohibited by this Debt Management Policy. Initial Disclosure Requirements - The City acknowledges its disclosure responsibilities. Under the guidance of Disclosure Counsel, the City will distribute or cause an underwriter to distribute its Preliminary Official Statement and final Official Statement (neither is typically required in a private placement, although in some cases a “private placement memorandum” may be required by the investor). The Financing Team shall be responsible for soliciting “material” information (as defined in Securities and Exchange Commission Rule 10b-5) from City departments and identifying contributors who may have information necessary to prepare portions of the Official Statement or who should review portions of the Official Statement. In doing so, the Financing Team shall confirm that the Official Statement accurately states all “material” information relating to the decision to buy or sell the subject bonds and that all information in the Official Statement has been critically reviewed by an appropriate person. In connection with an initial offering of securities, the City and other members of the Financing Team will: • Identify material information that should be disclosed in the Official Statement; • Identify other persons that may have material information (contributors); • Review and approve the Official Statement; • Ensure the City’s compliance, and that of its related entities, with federal and state security laws, including notification to the California Debt and Investment Advisory Commission (“CDIAC”) of the proposed debt issue no later than 30 days prior to the sale of any debt issue, and submission of a final report of the issuance to the CDIAC by any method approved by the CDIAC. The Financing Team shall critically evaluate the Official Statement for accuracy and compliance with federal and state securities laws. The approval of an Official Statement shall be placed on the City Council agenda, and shall not be considered as a Consent Calendar item. The staff report will summarize the City Council’s responsibilities with respect to the Official Statement and provide the City Council the opportunity to review a substantially final Attachment 8 Page 515 of 550 Official Statement. The City Council shall undertake such review as deemed necessary by the City Council to fulfill the City Council’s securities law responsibilities.1 For any privately placed debt with no Official Statement, the final staff report describing the issue and such other documents will be provided to the City Council for approval. Section 8: Creditworthiness Objectives Ratings are a reflection of the general fiscal soundness of the City and the capabilities of its management. Typically, the higher the credit ratings are, the lower the interest cost is on the City’s debt issues. To enhance creditworthiness, the City is committed to prudent financial management, systematic capital planning, and long- term financial planning, and to that end has an objective of maintaining a credit rating of at least AA- (Standard and Poor’s); however, the City also recognizes that external economic, natural, or other events may, from time to time, affect the creditworthiness of its debt. The most familiar nationally recognized bond rating agencies are Standard and Poor’s, Moody’s Investors Service, and Fitch Ratings. When issuing a credit rating, rating agencies consider various factors including but not limited to: • City’s fiscal status • City’s general management capabilities; • Economic conditions that may impact the stability and reliability of debt repayment sources; • City’s general reserve levels; • City’s debt history and current debt structure; • Project being financed • Covenants and conditions in the governing legal documents Bond Ratings – The Financing Team will assess whether a credit rating should be obtained for an issuance. The City typically seeks a rating from at least one nationally recognized rating agency on new and refunded issues being sold in the public market. The Finance Director, working with the Financing Team, shall be responsible for determining which of the major rating agencies the City shall request provide a rating. When applying for a rating on an issue, the City and Financing Team shall prepare a presentation for the rating agency when the City determines that a presentation is in the best interests of the City. Rating Agency Communications – The Finance Director is responsible for maintaining relationships with the rating agencies that assign ratings to the City’s various debt obligations. This effort shall include providing the rating agencies with the City’s financial statements, if applicable, as well as any additional information requested. 1 The Securities and Exchange Commission (the SEC), the agency with regulatory authority over the City’s compliance with the federal securities laws, has issued guidance as to the duties of the City Council with respect to its approval of the POS. In it’s “Report of Investigation in the Matter of County of Orange, California as it Relates to the Conduct of the Members of the Board of Supervisors” (Release No. 36761 / January 24, 1996) (the “Release”), the SEC stated that, if a member of the City Council has knowledge of any facts or circumstances that an investor would want to know about prior to investing in the bonds, whether relating to their repayment, tax-exempt status, undisclosed conflicts of interest with interested parties, or otherwise, he or she should endeavor to discover whether such factor s are adequately disclosed in the Official Statement. In the Release, the SEC stated that the steps that a member of the City Council would take include becoming familiar with the POS and questioning staff and consultants about the disclosure of such facts. Attachment 8 Page 516 of 550 Section 9: Post Issuance Administration Notification to the CDIAC – The City shall work with its bond counsel to submit a report of final sale to the CDIAC by any method approved by the CDIAC no later than 21 days after the sale of the debt. The report shall include the information required by CDIAC. Investment of Proceeds – The Finance Director shall invest bond proceeds and reserve funds in accordance with each issue’s indenture or trust agreement, utilizing competitive bidding when possible. All investments will be made in compliance with the City’s investment policy objectives of safety liquidity and then yield. The investment of bond proceeds and reserve funds shall comply with federal tax law requirements specified in the indenture or trust agreement and the tax certificate. Unexpended bond proceeds shall be held by the bank trustee. The trustee will be responsible for recording all investments and transactions relating to the proceeds and providing monthly statements regarding the investments and transactions. Use of Bond Proceeds – The Finance Director is responsible for ensuring debt proceeds are spent for the intended purposes identified in the related legal documents and that the proceeds are spent in the time frames identified in the tax certificate prepared by the City’s bond counsel. Whenever reasonably possible, proceeds of debt will be held by a third-party trustee and the City will submit written requisitions for such proceeds. The City will submit a requisition only after obtaining the signature of the Finance Director. In those cases where it is not reasonably possible for the proceeds of debt to be held by a third-party trustee, the Finance Director shall retain records of all expenditures of proceeds through the final payment date for the debt. Continuing Disclosure – The Finance Director or designee will ensure the City’s annual financial statements and associated reports are posted on the City’s web site. The City will also contract with consultant(s) to comply with the Securities and Exchange Commission Rule 15c2 by filing its annual financial statements, other financial and operating data and notices of enumerated events for the benefit of its bondholders on the Electronic Municipal Market Access (EMMA) website of the Municipal Securities Rulemaking Board (MSRB). The City shall submit an annual report to the CDIAC for any issue of debt for which it has submitted a report of final sale on or after January 21, 2017. The annual report shall comply with the requirements of Government Code Section 8855 and related regulations. Arbitrage Rebate Compliance and Reporting – The use and investment of bond proceeds must be monitored to ensure compliance with Internal Revenue Service arbitrage restrictions. Existing regulations require that issuers calculate rebate liabilities related to any bond issues, with rebates paid to the Federal Government every five years and as otherwise required by applicable provisions of the Internal Revenue Code and regulations. The Finance Director shall contract with a specialist to ensure that proceeds and investments are tracked in a manner that facilitates accurate complete calculations, and if necessary timely rebate payments. Compliance with Other Bond Covenants – In addition to financial disclosure and arbitrage, the City is also responsible for verifying compliance with all undertakings, covenants, and agreements of each bond issuance on an ongoing basis. The Finance Director in responsible for ensuring the City remains in compliance with bond covenants or making the appropriate disclosures if the city is not in compliance. Other bond covenants typically include: • Annual appropriation of revenues to meet debt service payments; • Taxes/fees are levied and collected where applicable; Attachment 8 Page 517 of 550 • Timely transfer of debt service payments to the trustee • Compliance with insurance requirements • Compliance with rate covenants • Post-issuance procedures established in the tax certificate for any tax-exempt debt • Timely posting of financial information on the EMMA system. Retention – A copy of all relevant documents and records will be maintained by the Finance Department for the term of the bonds (including refunding bonds, if any) in accordance with the city’s retention policy and per California Code. Relevant documents and records will include sufficient documentation to support the requirements relating to the tax-exempt status. Investor Relations – While the City shall post its annual financial report as well as other financial reports on the City’s website, this information is intended for the citizens of the City. Information that the City intends to reach the investing public, including bondholders, rating analysts, investment advisors, or any other members of the investment community shall be filed on the EMMA system. Additional requirements for financial statements – It is the City’s policy to hire an auditing firm that has the technical skills and resources to properly perform an annual audit of the City’s financial statements. More specifically, the firm shall be a recognized expert in the accounting rules applicable to the City and shall have the resources necessary to review the City’s financial statements on a timely basis. Section 10: Training The Finance Director shall ensure that the members of the City staff involved in the initial or continuing disclosure process and the City Council are properly trained to understand and perform their responsibilities. The Finance Director shall arrange for disclosure training sessions conducted by the City’s disclosure counsel. Such training sessions shall include education on the Initial Disclosure and Continuing Disclosure sections of this Debt Management Policy, the City’s disclosure obligations under applicable federal and state securities laws and the disclosure responsibilities and potential liabilities of members of the City’s staff and members of the City Council. Such training sessions may be conducted using a recorded presentation. Attachment 8 Page 518 of 550 Section 11: Glossary Ad Valorem Tax: A tax calculated “according to the value” of property. Such a tax is based on the assessed valuation of real property and a valuation of tangible personal property. Amortization: The gradual reduction in principal of an outstanding debt based upon a specific repayment schedule, which details specific dates and repayment amounts on those dates. Arbitrage: The gain that may be obtained by borrowing funds at a lower (often tax-exempt) rate and investing the proceeds at higher (often taxable) rates. The ability to earn arbitrage by issuing tax-exempt securities has been severely curtailed by the Internal Revenue Code of 1986, as amended. Assessed Valuation: The appraised worth of property as set by a taxing authority through assessments for purposes of ad valorem taxation Bond: A security that represents an obligation to pay a specified amount of money on a specific date in the future, typically with periodic interest payments. Bond Anticipation Notes: Short-term notes issued usually for capital projects and paid from the proceeds of the issuance of long-term bonds. Provide interim financing in anticipation of bond issuance. Bond Counsel: A specialized, qualified attorney retained by the issuer to give a legal opinion concerning the validity of securities. The bond counsel’s opinion usually addresses the subject of tax exemption. Bond counsel may prepare or review and advise the issuer regarding authorizing resolutions, trust indentures and litigation. Bond Insurance: A type of credit enhancement whereby an insurance company indemnifies an investor against default by the issuer. In the event of failure by the issuer to pay principal and interest in full and on time, investors may call upon the insurance company to do so. Once issued, the municipal bond insurance policy is generally irrevocable. The insurance company receives its premium when the policy is issued and this premium is typically paid out of the bond issue. Call Option: The right to redeem a bond prior to its stated maturity, either on a given date or continuously. The call option is also referred to as the optional redemption provision. Often a call premium is added to the call option as compensation to the holders of the earliest bonds called. Capital Appreciation Bond: A municipal security on which the investment return on an initial principal amount is reinvested at a stated compounded rate until maturity, at which time the investor receives a single payment representing both the initial principal amount and the total investment return. CDIAC: California Debt and Advisory Commission (“CDIAC”) Certificates of Participation: A financial instrument representing a proportionate interest in payments such as lease payments by one party (such as a city acting as a lessee) to another party (often a trustee). Competitive Sale: A sale of bonds in which an underwriter or syndicate of underwriters submit sealed bids to purchase the bonds. Bids are awarded on a true interest cost basis (TIC), providing that other bidding requirements are satisfied. Competitive sales are recommended for simple financings with a strong underlying credit rating. This type of sale is in contrast to a Negotiated Sale Attachment 8 Page 519 of 550 Continuing Disclosure: The requirement by the Securities and Exchange Commission for most issuers of municipal debt to post current financial information and notices of enumerated events on the MSRB’s EMMA website for access by the general marketplace. Credit Rating Agency: A company that rates the relative credit quality of a bond issue and assigns a letter rating. These rating agencies include Moody’s Investors Service, Standard & Poor’s, and Fitch Ratings. Debt Limit: The maximum amount of debt that is legally permitted by applicable charter, constitution, or statutes. Debt Service: The amount necessary to pay principal and interest requirements on outstanding bonds for a given year or series of years. Default: The failure to pay principal or interest in full or on time and, in some cases, the failure to comply with non-payment obligations after notice and the opportunity to cure. Derivative: A financial instrument which derives its own value from the value of another instrument, usually an underlying asset such as a stock, bond, or an underlying reference such as an interest rate index. Disclosure Counsel: A specialized, qualified attorney retained to provide advice on issuer disclosure obligations, to prepare the official statement and to prepare the continuing disclosure undertaking. Discount: The difference between a bond’s par value and the price for which it is sold when the latter is less than par. Also known as “underwriter discount,” this is the fee paid to the underwriter its banking and bond marketing services. EMMA System: Electronic Municipal Markey Access: Website created to provide information about municipal bonds, bond prices and market trends to the public. Bond covenants typically require the city’s financial information be timely submitted to EMMA. Enterprise Activity: revenue generating project or business. The project often provides funds necessary to pay debt service on securities issued to finance the facility. Common examples include water and solid waste enterprises Financing Team: The working group of City staff and outside consultants necessary to complete a debt issuance. General Obligation (GO) Bond: A bond secured by an unlimited property tax pledge. Requires a two-thirds vote by the electorate. GO bonds usually achieve lower rates of interest than other financing instruments since they are considered to be a lower risk. Indenture: A contract between the issuer and the trustee stipulating the characteristics of the financial instrument, the issuer’s obligation to pay debt service, and the remedies available to the trustee in the event of default. Issuance Costs: The costs incurred by the bond issuer during the planning and sale of securities. These costs include by are not limited to municipal financial advisory, bond counsel, disclosure counsel, printing, advertising costs, credit enhancement, rating agencies fees, and other expenses incurred in the marketing of an issue. Lease: An obligation wherein a lessee agrees to make payments to a lessor in exchange for the use of certain property. The term may refer to a capital lease or to an operating lease. Attachment 8 Page 520 of 550 Lease Revenue Bonds: Bonds that are secured by an obligation of one party to make annual lease payments to another. Maturity Date: The date upon which a specified amount of debt principal or bonds matures, or becomes due and payable by the issuer of the debt. Municipal Financial Advisor: A consultant who provides the issuer with advice on the structure of the bond issue, timing, terms and related matters for a new bond issue. Municipal Securities Rulemaking Board (MSRB): A self-regulating organization established on September 5, 1975 upon the appointment of a 15-member board by the Securities and Exchange Agreement. The MSRB, comprised of representatives from investment banking firms, dealer bank representatives, and public representatives, is entrusted with the responsibility of writing rules of conduct for the municipal securities market. The MSRB hosts the EMMA website, which hosts information posted by issuers under their continuing disclosure undertakings. Negotiated Sale: A sale of securities in which the terms of the sale are determined through negotiation between the issuer and the purchaser, typically an underwriter, without competitive bidding. The negotiated sales process provides control over the financing structure and issuance timing. Negotiated sales are recommended for unusual financing terms, period of market volatility and weaker credit quality. A thorough evaluation, usually with the assistance of the City’s Municipal Financial Advisor, of the proposed bond’s credit characteristics in conjunction with market conditions will be performed to ensure reasonable final pricing and underwriting spread. Official Statement (Prospectus): A document published by the issuer in connection with a primary offering of securities that discloses material information on a new security issue including the purposes of the issue, how the securities will be repaid, and the financial, economic and social characteristics of the security for the bonds. Investors may use this information to evaluate the credit quality of the securities. Par Value: The face value or principal amount of a security. Pension Obligation Bonds: Financing instruments used to pay some or all of the unfunded pension liability of a pension plan. POBs are issued as taxable instruments over a 10-40 year term or by matching the term with the amortization period of the outstanding unfunded actuarial accrued liability. Premium: The excess of the price at which a bond is sold over its face value. Present Value: The value of a future amount or stream of revenues or expenditures. Pricing Consultant: The Pricing Consultant provides a fairness letter to the City or its agent regarding the pricing of a new issue of municipal securities. Private Placement: A bond issue that is structured specifically for one purchaser. Private placements are typically carried out when extraneous circumstances preclude public offerings. A private placement is considered to be a negotiated sale. Redemption: Depending on an issue’s call provisions, an issuer may on certain dates and at certain premiums, redeem or call specific outstanding maturities. When a bond or certificate is redeemed, the issuer is required to pay the maturities’ par value, the accrued interest to the call date, plus any premium required by the issue’s call provisions. Refunding: A procedure whereby an issuer refinances an outstanding debt issue by issuing a new debt issue. Attachment 8 Page 521 of 550 Rule 15c2-12: Rule adopted by the Securities and Exchange Commission setting forth certain obligations of (i) underwriters to receive, review and disseminate official statements prepared by issuers of most primary offering of municipal securities, (ii) underwriters to obtain continuing disclosure agreements from issuers and other obligated persons to provide ongoing annual financial information on a continuing basis, and (iii) broker-dealers to have access to such continuing disclosure in order to make recommendations of municipal securities in the secondary market. Reserve Fund: A fund established by the indenture of a bond issue into which money is deposited for payment of debt service in case of a shortfall in current revenues. Revenue Bond: A bond which is payable from a specific source of revenue and to which the full faith and credit of an issuer is not pledged. Revenue bonds are payable from identified sources of revenue, and do not permit the bondholders to compel a jurisdiction to pay debt service from any other source. Pledged revenues often are derived from the operation of an enterprise. Secondary Market: The market in which bonds are sold after their initial sale in the new issue market. Serial Bonds: Bonds of an issue that mature in consecutive years or other intervals and are not subject to mandatory sinking fund provisions. Special Tax Bonds: Bonds issued to fund eligible improvements and paid with special taxes levied in a community facilities district formed under the Mello-Roos Community Facilities Act of 1982, as amended, or other applicable law. State Revolving Funds: The State Revolving Fund (SRF) loan is a low interest loan program for the construction of water infrastructure projects. Tax Allocation Bonds: Historically, tax allocation bonds referred to bonds issued under the Community Redevelopment Law to fund eligible capital facilities located within a redevelopment project area. However, as a result of the passage of AB X1 26, the [CITY] Redevelopment Agency has been dissolved and the successor agency’s obligations are limited to performing certain enforceable obligations. The California Legislature has enacted a number of laws that establish alternative tax increment financing mechanisms, and tax allocation bonds may be issued under these laws in the future. Tax and Revenue Anticipation Notes (TRANS): Short term notes issued in anticipation of receiving tax receipts and revenues within a fiscal year. TRANs allow the municipality to manage the period of cash shortfalls resulting from a mismatch between timing of revenues and timing of expenditures. Term Bonds: Bonds that come due in a single maturity but where the issuer may agree to make periodic payments into a sinking fund for mandatory redemption of term bonds before maturity and for payment at maturity. True Interest Cost (TIC): Under this method of computing the interest expense to the issuer of bonds, true interest cost is defined as the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the new issue of bonds. Interest is assumed to be compounded semi-annually. TIC computations produce a figure slightly different from the net interest cost (NIC) method because TIC considers the time value of money while NIC does not. Attachment 8 Page 522 of 550 Trustee: A bank retained by the issuer as custodian of bond proceeds and official representative of bondholders. The trustee ensures compliance with the indenture. In many cases, the trustee also acts as paying agent and is responsible for transmitting payments of interest and principal to the bondholders. Underwriter: A broker-dealer that purchases a new issue of municipal securities from the issuer for resale in a primary offering. The bonds may be purchased either through a negotiated sale with the issuer or through a competitive sale. Yield: The net rate of return, as a percentage, received by an investor on an investment. Yield calculations on a fixed income investment, such as a bond issue, take purchase price and coupon into account when calculating yield to maturity. Revision Tracking: Implemented: February 15, 2017 Revised: June 16, 2021 Attachment 8 Page 523 of 550 Attachment 9 CITY OF UKIAH Debt Management Policy FEBRUARY 15, 2017JUNE 16, 2021 CITY OF UKIAH, CA Page 524 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 1 Finance and IT Department TITLE: DEBT MANAGEMENT POLICY CATEGORY: ACCOUNTING AND REPORTING ADOPTION LEVEL: CITY COUNCIL DATE: POLICY NO.: AR-002 ENABLING RESOLUTION (resolution no) N/A Authorizing Signature ORIGINALLY ADOPTED (adoption date)2/15/2017 REVISED 6/16/2021 POLICY COMMITTEE 6/9/2021 DEPARTMENT HEAD (signature date) Table of Contents Section 1: Policy ............................................................................................................................................ 23 Section 2: Scope ........................................................................................................................................... 23 Section 3: Objectives ..................................................................................................................................... 23 Section 4: Delegation Authority...................................................................................................................... 34 Section 5: Methods of Financing .................................................................................................................... 34 Section 6: Structure and Term ........................................................................................................................ 56 Section 7: Method of Issuance and Sale; Disclosure ......................................................................................... 67 Section 8: Creditworthiness Objectives ........................................................................................................... 89 Section 9: Post Issuance Administration ........................................................................................................ 910 Section 10: Training................................................................................................................................... 1011 Section 11: Glossary .................................................................................................................................. 1112 Page 525 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 2 Section 1: Policy This Debt Management Policy sets forth debt management objectives for the City of Ukiah and its component units for which the City Council acts as legislative body, and the term “City” shall refer to each of such entities. This Debt Management Policy establishes general parameters for issuing and administering debt. Recognizing that cost-effective access to the capital markets depends on prudent management of the Debt Program, the City Council has adopted this Debt Management Policy by resolution. This Debt Management Policy is intended to comply with California Government Code Section 8855(i) and SB 1029 (2016). Section 2: Scope The guidelines established by this policy will govern the issuance and management of all debt funded for long term capital financing needs and not for general operating functions. When used in this policy, “debt” refers to all forms of indebtedness and financing lease obligations. The Finance Department recognizes that changes in the capital markets and other unforeseen circumstances may require action that deviates from this Debt Management Policy. In cases that require exceptions to this Debt Management Policy, approval from the City Council will be necessary for implementation. Section 3: Objectives The purpose of this Debt Management Policy is to assist the City in pursuit of the following equally important objectives, while providing full and complete financial disclosure and ensuring compliance with applicable state and federal laws:  Minimize debt service and issuance costs;  Maintain access to cost effective borrowing  Achieve the highest practical credit rating  Ensure full and timely repayment of debt  Maintain full and complete financial disclosure and reporting  Ensure compliance with applicable state and federal laws Budget Integration – The decision to incur new indebtedness should be integrated with the policy decisions embedded in the City Council-adopted annual Operating Budget and Capital Improvement Program Budget. The annual debt service payments shall be included in the Operating Budget. The City will integrate its debt issuances with the goals of its Capital Improvement Program by timing the issuance of debt to ensure that projects and related funding are available when needed in furtherance of the City’s public purposes. The City will seek to issue debt in a timely manner to avoid having to make unplanned expenditures for capital improvements or equipment from its general fund. Review – Recognizing that cost-effective access to the capital market depends on prudent management of the City’s debt program, a regular review of the debt policy should be performed. The debt policy will be included as an Appendix in the annual Budget adopted by City Council. Any substantive changes to the policy shall be brought to the City Council for consideration and approval as part of the annual budget process. Page 526 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 3 Section 4: Delegation Authority Pursuant to the provisions of Section 37209 and 40805.5 of the Government Code of the State of California, the Finance Director shall be responsible for all of the financial affairs of the City. This Debt Management Policy grants the Finance Director the authority , subject to the budget integration as discussed above, to select the financing team, coordinate the administration and issuance of debt, communicate with the rating agencies, fulfilland fulfill all of the pre-issuance and post-issuance requirements imposed by or related to state law, federal tax law and federal securities law. Financing Team Definitions and Roles – The financing team is the working group of City staff and outside consultants necessary to complete a debt issuance including but not limited to bond counsel, disclosure counsel, underwriter, municipal financial advisor, trustee, pricing consultant and/or arbitrage analyst. Typically, the Finance Director, the City Attorney, the City Manager, and appropriate Department Head(s) form the City staff portion of the Financing Team. Other staff members or designees may be appointed to the Financing Team. Consultant Selection – The City will consider the professional qualifications and experience of consultants as it relates to the specific bond issue or other financing under consideration in accordance and pursuant to the City’s Municipal Code and purchasing policies. Section 5: Methods of Financing The Finance Director will investigate all possible financing alternatives including, but not limited to bonds, loans, state bond pools, and grants. The City also has an impact fee program whereby new development pays its fair share for the increased capital and operating costs that result from new construction. Although impact fee payments are restricted to specific projects or types of projects, the use of these payments can be an important source of financing for certain capital projects. Cash Funding – The City funds a significant portion of capital improvements from reserves accumulated from one- time revenues, which have been set aside for investment in the City’s infrastructure. Inter-fund Borrowing – The City may borrow internally from other funds with surplus cash in lieu of issuing bonded debt. Purposes warranting the use of this type of borrowing could include short term cash flow imbalances, interim financing pending the issuance of bonds, or long term financing in lieu of bonds for principal amounts of under $10 million. The City funds from which the money is borrowed may be repaid with interest based upon the earning rate of the City’s investment portfolio. The Finance Director shall also exercise due diligence to ensure that it is financially prudent for the fFund making the loan. Inter-fund loans will be evaluated on a case by case basis by the Finance Department. Short-term borrowing for cash flow purposes, expected to be repaid within the next operating (budget) cycle, shall be authorized and executed by the Finance Director. Any long-term borrowing (advances) between two City funds, with full maturity not expected until beyond the next operating cyclewithin the succeeding fiscal year and where interest is charged by one fund and incurred by the other, will may require approval by City Council by resolution. The Finance Director is authorized to execute advances between funds when and where appropriate and necessary for cash flow or intermediate financial planning purposes. The purpose of inter-fund borrowing is includesto financinge high priority needs and to reduce Page 527 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 4 costs of interest, debt issuance and/or administration. unlessUnless otherwise stated below, the Finance Director is authorized to execute loans documents required to finalize borrowings. Bank Loans / Lines of Credit – Although the City does not typically utilize lines of credit for the financing of capital projects, financial institution credit is an option for municipal issuers and may be evaluated as a financing option. Other Loans – The City will evaluate other loan programs, including but not limited to State loans such as the Water Resources Control Board’s revolving fund loans for the construction of water infrastructure projects. Bond Financing – The City may issue any bonds which are allowed under federal and state law including but not limited to general obligation bonds, certificates of participation, revenue bonds, land-secured (assessment and special tax) bonds, refunding bonds and special tax bonds (see below for detail). General Obligation Bonds – General Obligation Bonds (GO Bonds) may only be issued with two-thirds approval of the City’s registered voters. The California State Constitution (Article XVI, Section 18) limits the use of the proceeds from GO Bonds to “the acquisition or improvement of real property”. Parks and Public Safety facilities are examples of the type of facilities that could be financed with GO Bonds. City Council must approve placement of such GO Bonds on the ballot. Lease Financings – Lease financings may take a variety of forms, including certificates of participation, lease revenue bonds and direct leases (typically for equipment). When the City finances acquisition or construction of capital improvements or equipment with a lease financing, the City agrees to lease either the financed asset or a different asset and, most commonly, the City’s lease payments are securitized in the form of certificates of participation or lease revenue bonds. This type of financing requires approval of City Council. Revenue Bonds – Revenue Bonds are generally issued by the City for enterprise funds that are financially self- sustaining without the use of taxes and therefore rely on the revenues collected by the enterprise fund to repay the debt. This type of financing requires approval of City Council. Assessment Bonds – The Improvement Bond Act of 1915 (Streets and Highways Code Section 8500 et seq.) and other state laws, subject to Article XIIID of the California Constitution, allow the City to issue bonds to finance improvements that provide “specific benefit” to the assessed real property. Installments are collected on the secured property tax roll of the County. The City, may also adopt assessment laws that are applicable within its boundaries. This type of financing is secured by the lien upon and assessments paid by the real property owners and does not obligate the City’s general fund or other funds. This type of financing requires approval of City Council. Special Tax Bonds – Under the Mello-Roos Community Facilities Act of 1982, the City may issue bonds on behalf of a Community Facilities District (CFD) to finance capital facilities, most commonly in connection with new development. These bonds must be approved by a two-thirds vote of the qualified electors in the CFD, which the Mello-Roos Act defines to mean registered voters if there are 12 or more registered voters in the CFD and, if there are fewer than 12 registered voters, the landowners in the CFD. Bonds issued by the City under the Mello-Roos Act are secured by a special tax on the real property within the CFD. The financed facilities do not need to be physically located within the CFD. The City may also adopt special tax financing laws that are applicable within its boundaries. As this type of financing is secured by the special tax lien upon the real property it does not obligate the City’s general fund or other funds. City Council must approve placement of such Special Tax Bonds on the ballot. Page 528 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 5 Refunding Obligations – Pursuant to the Government Code and various other financing statues applicable in specific situations, the City Council is authorized to provide for the issuance of bonds for the purpose of refunding any long-term obligation of the City. Absent any significant non-economic factors, a refunding should produce minimum net debt service savings (net of reserve fund earnings and other offsets, and taking transaction costs into account) of at least 3% of the par value of the refunded bonds on a net present value basis, using the refunding issue’s True Interest Cost (TIC) as the discount rate, unless the Finance Director determines that a lower savings percentage is acceptable for issues or maturities with short maturity dates. [Additionally, the Finance Director may determine that there are other, compelling “non-economic” reasons (i.e. removal of onerous covenants, terms or conditions)]. This type of financing requires approval of the City Council. Other Obligations – There may be special circumstances when other forms of debt are appropriate and may be evaluated on a case-by-case basis. Such other forms include, but are not limited to: bond anticipation notes, grant anticipation notes, tax allocation bonds, lease revenue bonds, pension obligation bonds, etc. This type of financing requires approval of the City Council. Section 6: Structure and Term Term of Debt – Debt will be structured for the shortest period possible, consistent with a fair allocation of costs to current and future users. The standard term of long-term debt borrowing is typically 15-30 years. Consistent with its philosophy of keeping its capital facilities and infrastructure systems in good condition and maximizing a capital asset’s useful life, the City will make every effort to set aside sufficient current revenues to finance ongoing maintenance needs and to provide reserves for periodic replacement and renewal. Generally, no debt will be issued for a period exceeding the useful life or average useful lives of projects to be financed. Debt Repayment Structure – In structuring a bond issue, the City will manage the amortization of the debt and, to the extent possible, match its cash flow to the anticipated debt service payments. In addition, the City will seek to structure debt with aggregate level debt service payments over the life of the debt. Structures with unlevelunleveled debt service will be considered when one or more of the following exist:  Natural disasters or extraordinary unanticipated external factors make payments on the debt in the early years prohibitive;  Such structuring is beneficial to the City’s aggregate overall debt payment schedule;  Such structuring will allow debt service to more closely match project revenues during the early years of the project’s operation. Bond Maturity Options – For each issuance, the City will select serial bonds or term bonds, or both. On the occasions where circumstances warrant, capital appreciation bonds (CABs) may be used. The decision to use term, serial or CABs is typically driven by market conditions. Interest Rate Structure – The City will issue securities on fixed or variable interest rates, which ever will be most beneficial to the City. Credit Enhancement – Credit enhancement may be used to improve or establish a credit rating on a City debt obligation. Types of credit enhancement include letters of credit, bond insurance and surety policies. The Finance Director will recommend the use of a credit enhancement if it reduces the overall cost of the proposed financing or if the use of such credit enhancement furthers the City’s overall financial objectives. Page 529 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 6 Debt Service Reserve Fund – Debt service reserve funds are held by the Trustee to make principal and interest payments to bondholders in the event the pledged revenues are insufficient to do so. The City will fund debt service reserve funds when it is in the city’s overall best financial interest. The City may decide not to utilize a reserve fund if the Finance Director, in consultation with the underwriter and municipal advisor, determines there would be no adverse impact to the City’s credit rating or interest rates. Per Internal Revenue Service rules, the size of the reserve fund on tax-exempt bond issuance is the lesser of  10% of the initial principal amount of the debt;  125% of average annual debt service; or  100% of maximum annual debt service. In lieu of holding a cash funded reserve, the City may substitute a surety bond or other credit instrument in its place. The decision to cash fund a reserve fund rather than to use a credit facility is dependent upon the cost of the credit instrument, and the investment opportunities and the IRS yield restrictions. . Call Options / Redemption Provisions – A call option or optional redemption provision gives the City the right to prepay or retire debt prior to its stated maturity date. This option may permit the City to achieve interest savings in the future through the refunding of the bonds. Often the City will pay a higher interest rate as compensation to the buyer for the risk of having the bond called in the future. In addition, if a bond is called, the holder may be entitled to a premium payment (call premium). Because the cost of call options can vary depending on market conditions, an evaluation of factors will be conducted in connection with each issuance. The Finance Director shall evaluate and recommend the use of a call option on a case by case basis. Debt Limits – California Government Code Section 43605 states the City shall not incur bonded indebtedness payable from the proceeds of property tax which exceeds 15 percent of the assessed value of all real and personal property of the City. Additionally, this policy establishes: The cumulative annual debt service of all bond issues supported by the General Fund is restricted to no more than 15 percent of annual General Fund Revenue. Bond issues supported by Enterprise Funds should maintain a minimum ratio of net operating income to annual debt service (“coverage ratio”) that the Finance Director concludes is financially prudent to the City. Typically, a higher coverage ratio produces a better credit rating and lower interest rates, yet if too high, potentially may restrict efficient Enterprise operations or unduly induce unneeded user rate increases. Therefore, the City should balance the benefits of higher ratings with the operational impact of high coverage ratios. Section 7: Method of Issuance and Sale; Disclosure Debt issues are sold to a single underwriter or to an underwriting syndicate, either through a competitive sale or a negotiated sale. A negotiated sale may involve the sale of securities to investors through an underwriter or the private placement of the securities with a financial institution or other sophisticated investor. The selected method of sale will be that which is most beneficial to the City in terms of lowest net interest rate, most favorable terms in financial structure, and market conditions. The Finance Director will review conditions in conjunction with information and advice presented by the City’s Municipal Financial Advisor. Page 530 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 7 Competitive Sales of Bonds – In a competitive sale, the terms of the debt will be defined by the City and the City’s finance team, and the price of the debt will be established through a bidding process amongst impartial underwriters and/or underwriting syndicates. The issue is awarded to the underwriter judged to have submitted the best bid that offers the lowest true interest cost taking into account underwriting spread, interest rates and any discounts or premiums. Negotiated Sale of Bonds – A method for sale for bonds, notes, or other financing vehicles in which the City selects in advance, based upon proposals received or by other means, one or more underwriters to work with it in structuring, marketing and finally offering an issue to investors. The negotiated sale method is often used when the issue is: a first-time sale by an issuer (a new credit), a complex security structure, such as variable rate transaction, an unusually large issue, or in a highly volatile or congested market where flexibility as to bond sale timing is important. Private Placement – A private placement is a variation of a negotiated sale in which the City, usually with the help of a municipal financial advisor and placement agent will attempt to place the entire new issue directly with an investor. The investor will negotiate the specific terms and conditions of the financing before agreeing to purchase the issue. Private placements are generally undertaken because the transaction is complex or unique, requiring direct negotiations with the investor, or because the issue is small or of a shorter duration and a direct offering provides economies of scale, lower interest costs and reduced continuing disclosure. Derivative products - Because of their complexity, unless otherwise amended, Derivative Products such as interest rate swaps, interest floaters, and other hybrid securities are prohibited by this Debt Management Policy. Initial Disclosure Requirements - The City acknowledges its disclosure responsibilities. Under the guidance of Disclosure Counsel, the City will distribute or cause an underwriter to distribute its Preliminary Official Statement and final Official Statement (neither is typically required in a private placement, although in some cases a “private placement memorandum” may be required by the investor). The Financing Team shall be responsible for soliciting “material” information (as defined in Securities and Exchange Commission Rule 10b-5) from City departments and identifying contributors who may have information necessary to prepare portions of the Official Statement or who should review portions of the Official Statement. In doing so, the Financing Team shall confirm that the Official Statement accurately states all “material” information relating to the decision to buy or sell the subject bonds and that all information in the Official Statement has been critically reviewed by an appropriate person. In connection with an initial offering of securities, the City and other members of the Financing Team will:  Identify material information that should be disclosed in the Official Statement;  Identify other persons that may have material information (contributors);  Review and approve the Official Statement;  Ensure the City’s compliance, and that of its related entities, with federal and state security laws, including notification to the California Debt and Investment Advisory Commission (“CDIAC”) of the proposed debt issue no later than 30 days prior to the sale of any debt issue, and submission of a final report of the issuance to the CDIAC by any method approved by the CDIAC. The Financing Team shall critically evaluate the Official Statement for accuracy and compliance with federal and state securities laws. The approval of an Official Statement shall be placed on the City Council agenda, and shall not be considered as a Consent Calendar item. The staff report will summarize the City Council’s responsibilities Page 531 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 8 with respect to the Official Statement and provide the City Council the opportunity to review a substantially final Official Statement. The City Council shall undertake such review as deemed necessary by the City Council to fulfill the City Council’s securities law responsibilities.1 For any privately placed debt with no Official Statement, the final staff report describing the issue and such other documents will be provided to the City Council for approval. Section 8: Creditworthiness Objectives Ratings are a reflection of the general fiscal soundness of the City and the capabilities of its management. Typically, the higher the credit ratings are, the lower the interest cost is on the City’s debt issues. To enhance creditworthiness, the City is committed to prudent financial management, systematic capital planning, and long- term financial planning, and to that end has an objective of maintaining a credit rating of at least AA- (Standard and Poor’s); however, the City also recognizes that external economic, natural, or other events may, from time to time, affect the creditworthiness of its debt. The most familiar nationally recognized bond rating agencies are Standard and Poor’s, Moody’s Investors Service, and Fitch Ratings. When issuing a credit rating, rating agencies consider various factors including but not limited to:  City’s fiscal status  City’s general management capabilities;  Economic conditions that may impact the stability and reliability of debt repayment sources;  City’s general reserve levels;  City’s debt history and current debt structure;  Project being financed  Covenants and conditions in the governing legal documents Bond Ratings – The Financing Team will assess whether a credit rating should be obtained for an issuance. The City typically seeks a rating from at least one nationally recognized rating agency on new and refunded issues being sold in the public market. The Finance Director, working with the Financing Team, shall be responsible for determining which of the major rating agencies the City shall request provide a rating. When applying for a rating on an issue, the City and Financing Team shall prepare a presentation for the rating agency when the City determines that a presentation is in the best interests of the City. Rating Agency Communications – The Finance Director is responsible for maintaining relationships with the rating agencies that assign ratings to the City’s various debt obligations. This effort shall include providing the rating agencies with the City’s financial statements, if applicable, as well as any additional information requested. 1 The Securities and Exchange Commission (the SEC), the agency with regulatory authority over the City’s compliance with the federal securities laws, has issued guidance as to the duties of the City Council with respect to its approval of the POS. In it’s “Report of Investigation in the Matter of County of Orange, California as it Relates to the Conduct of the Members of the Board of Supervisors” (Release No. 36761 / January 24, 1996) (the “Release”), the SEC stated that, if a member of the City Council has knowledge of any facts or circumstances that an investor would want to know about prior to investing in the bonds, whether relating to their repayment, tax-exempt status, undisclosed conflicts of interest with interested parties, or otherwise, he or she should endeavor to discover whether such factor s are adequately disclosed in the Official Statement. In the Release, the SEC stated that the steps that a member of the City Council would take include becoming familiar with the POS and questioning staff and consultants about the disclosure of such facts. Page 532 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 9 Section 9: Post Issuance Administration Notification to the CDIAC – The City shall work with its bond counsel to submit a report of final sale to the CDIAC by any method approved by the CDIAC no later than 21 days after the sale of the debt. The report shall include the information required by CDIAC. Investment of Proceeds – The Finance Director shall invest bond proceeds and reserve funds in accordance with each issue’s indenture or trust agreement, utilizing competitive bidding when possible. All investments will be made in compliance with the City’s investment policy objectives of safety liquidity and then yield. The investment of bond proceeds and reserve funds shall comply with federal tax law requirements specified in the indenture or trust agreement and the tax certificate. Unexpended bond proceeds shall be held by the bank trustee. The trustee will be responsible for recording all investments and transactions relating to the proceeds and providing monthly statements regarding the investments and transactions. Use of Bond Proceeds – The Finance Director is responsible for ensuring debt proceeds are spent for the intended purposes identified in the related legal documents and that the proceeds are spent in the time frames identified in the tax certificate prepared by the City’s bond counsel. Whenever reasonably possible, proceeds of debt will be held by a third-party trustee and the City will submit written requisitions for such proceeds. The City will submit a requisition only after obtaining the signature of the Finance Director. In those cases where it is not reasonably possible for the proceeds of debt to be held by a third-party trustee, the Finance Director shall retain records of all expenditures of proceeds through the final payment date for the debt. Continuing Disclosure – The Finance Director or designee will ensure the City’s annual financial statements and associated reports are posted on the City’s web site. The City will also contract with consultant(s) to comply with the Securities and Exchange Commission Rule 15c2 by filing its annual financial statements, other financial and operating data and notices of enumerated events for the benefit of its bondholders on the Electronic Municipal Market Access (EMMA) website of the Municipal Securities Rulemaking Board (MSRB). The City shall submit an annual report to the CDIAC for any issue of debt for which it has submitted a report of final sale on or after January 21, 2017. The annual report shall comply with the requirements of Government Code Section 8855 and related regulations. Arbitrage Rebate Compliance and Reporting – The use and investment of bond proceeds must be monitored to ensure compliance with Internal Revenue Service arbitrage restrictions. Existing regulations require that issuers calculate rebate liabilities related to any bond issues, with rebates paid to the Federal Government every five years and as otherwise required by applicable provisions of the Internal Revenue Code and regulations. The Finance Director shall contract with a specialist to ensure that proceeds and investments are tracked in a manner that facilitates accurate complete calculations, and if necessary timely rebate payments. Compliance with Other Bond Covenants – In addition to financial disclosure and arbitrage, the City is also responsible for verifying compliance with all undertakings, covenants, and agreements of each bond issuance on an ongoing basis. The Finance Director in responsible for ensuring the City remains in compliance with bond covenants or making the appropriate disclosures if the city is not in compliance. Other bond covenants This typically includes ensuring:  Annual appropriation of revenues to meet debt service payments;  Taxes/fees are levied and collected where applicable; Page 533 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 10  Timely transfer of debt service payments to the trustee  Compliance with insurance requirements  Compliance with rate covenants  Post-issuance procedures established in the tax certificate for any tax-exempt debt  Timely posting of financial information on the EMMA system.  Retention – A copy of all relevant documents and records will be maintained by the Finance Department for the term of the bonds (including refunding bonds, if any) in accordance with the city’s retention policy and per California Code. Relevant documents and records will include sufficient documentation to support the requirements relating to the tax-exempt status. Investor Relations – While the City shall post its annual financial report as well as other financial reports on the City’s website, this information is intended for the citizens of the City. Information that the City intends to reach the investing public, including bondholders, rating analysts, investment advisors, or any other members of the investment community shall be filed on the EMMA system. Additional requirements for financial statements – It is the City’s policy to hire an auditing firm that has the technical skills and resources to properly perform an annual audit of the City’s financial statements. More specifically, the firm shall be a recognized expert in the accounting rules applicable to the City and shall have the resources necessary to review the City’s financial statements on a timely basis. Section 10: Training The Finance Director shall ensure that the members of the City staff involved in the initial or continuing disclosure process and the City Council are properly trained to understand and perform their responsibilities. The Finance Director shall arrange for disclosure training sessions conducted by the City’s disclosure counsel. Such training sessions shall include education on the Initial Disclosure and Continuing Disclosure sections of this Debt Management Policy, the City’s disclosure obligations under applicable federal and state securities laws and the disclosure responsibilities and potential liabilities of members of the City’s staff and members of the City Council. Such training sessions may be conducted using a recorded presentation. Page 534 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 11 Section 11: Glossary Ad Valorem Tax: A tax calculated “according to the value” of property. Such a tax is based on the assessed valuation of real property and a valuation of tangible personal property. Amortization: The gradual reduction in principal of an outstanding debt based upon a specific repayment schedule, which details specific dates and repayment amounts on those dates. Arbitrage: The gain that may be obtained by borrowing funds at a lower (often tax-exempt) rate and investing the proceeds at higher (often taxable) rates. The ability to earn arbitrage by issuing tax-exempt securities has been severely curtailed by the Internal Revenue Code of 1986, as amended. Assessed Valuation: The appraised worth of property as set by a taxing authority through assessments for purposes of ad valorem taxation Bond: A security that represents an obligation to pay a specified amount of money on a specific date in the future, typically with periodic interest payments. Bond Anticipation Notes: Short-term notes issued usually for capital projects and paid from the proceeds of the issuance of long-term bonds. Provide interim financing in anticipation of bond issuance. Bond Counsel: A specialized, qualified attorney retained by the issuer to give a legal opinion concerning the validity of securities. The bond counsel’s opinion usually addresses the subject of tax exemption. Bond counsel may prepare or review and advise the issuer regarding authorizing resolutions, trust indentures and litigation. Bond Insurance: A type of credit enhancement whereby an insurance company indemnifies an investor against default by the issuer. In the event of failure by the issuer to pay principal and interest in full and on time, investors may call upon the insurance company to do so. Once issued, the municipal bond insurance policy is generally irrevocable. The insurance company receives its premium when the policy is issued and this premium is typically paid out of the bond issue. Call Option: The right to redeem a bond prior to its stated maturity, either on a given date or continuously. The call option is also referred to as the optional redemption provision. Often a call premium is added to the call option as compensation to the holders of the earliest bonds called. Capital Appreciation Bond: A municipal security on which the investment return on an initial principal amount is reinvested at a stated compounded rate until maturity, at which time the investor receives a single payment representing both the initial principal amount and the total investment return. CDIAC: California Debt and Advisory Commission (“CDIAC”) Certificates of Participation: A financial instrument representing a proportionate interest in payments such as lease payments by one party (such as a city acting as a lessee) to another party (often a trustee). Competitive Sale: A sale of bonds in which an underwriter or syndicate of underwriters submit sealed bids to purchase the bonds. Bids are awarded on a true interest cost basis (TIC), providing that other bidding requirements are satisfied. Competitive sales are recommended for simple financings with a strong underlying credit rating. This type of sale is in contrast to a Negotiated Sale Page 535 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 12 Continuing Disclosure: The requirement by the Securities and Exchange Commission for most issuers of municipal debt to post current financial information and notices of enumerated events on the MSRB’s EMMA website for access by the general marketplace. Credit Rating Agency: A company that rates the relative credit quality of a bond issue and assigns a letter rating. These rating agencies include Moody’s Investors Service, Standard & Poor’s, and Fitch Ratings. Debt Limit: The maximum amount of debt that is legally permitted by applicable charter, constitution, or statutes. Debt Service: The amount necessary to pay principal and interest requirements on outstanding bonds for a given year or series of years. Default: The failure to pay principal or interest in full or on time and, in some cases, the failure to comply with non-payment obligations after notice and the opportunity to cure. Derivative: A financial instrument which derives its own value from the value of another instrument, usually an underlying asset such as a stock, bond, or an underlying reference such as an interest rate index. Disclosure Counsel: A specialized, qualified attorney retained to provide advice on issuer disclosure obligations, to prepare the official statement and to prepare the continuing disclosure undertaking. Discount: The difference between a bond’s par value and the price for which it is sold when the latter is less than par. Also known as “underwriter discount,” this is the fee paid to the underwriter its banking and bond marketing services. EMMA System: Electronic Municipal Markey Access: Website created to provide information about municipal bonds, bond prices and market trends to the public. Bond covenants typically require the city’s financial information be timely submitted to EMMA. Enterprise Activity: revenue generating project or business. The project often provides funds necessary to pay debt service on securities issued to finance the facility. Common examples include water and solid waste enterprises Financing Team: The working group of City staff and outside consultants necessary to complete a debt issuance. General Obligation (GO) Bond: A bond secured by an unlimited property tax pledge. Requires a two-thirds vote by the electorate. GO bonds usually achieve lower rates of interest than other financing instruments since they are considered to be a lower risk. Indenture: A contract between the issuer and the trustee stipulating the characteristics of the financial instrument, the issuer’s obligation to pay debt service, and the remedies available to the trustee in the event of default. Issuance Costs: The costs incurred by the bond issuer during the planning and sale of securities. These costs include by are not limited to municipal financial advisory, bond counsel, disclosure counsel, printing, advertising costs, credit enhancement, rating agencies fees, and other expenses incurred in the marketing of an issue. Lease: An obligation wherein a lessee agrees to make payments to a lessor in exchange for the use of certain property. The term may refer to a capital lease or to an operating lease. Page 536 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 13 Lease Revenue Bonds: Bonds that are secured by an obligation of one party to make annual lease payments to another. Maturity Date: The date upon which a specified amount of debt principal or bonds matures, or becomes due and payable by the issuer of the debt. Municipal Financial Advisor: A consultant who provides the issuer with advice on the structure of the bond issue, timing, terms and related matters for a new bond issue. Municipal Securities Rulemaking Board (MSRB): A self-regulating organization established on September 5, 1975 upon the appointment of a 15-member board by the Securities and Exchange Agreement. The MSRB, comprised of representatives from investment banking firms, dealer bank representatives, and public representatives, is entrusted with the responsibility of writing rules of conduct for the municipal securities market. The MSRB hosts the EMMA website, which hosts information posted by issuers under their continuing disclosure undertakings. Negotiated Sale: A sale of securities in which the terms of the sale are determined through negotiation between the issuer and the purchaser, typically an underwriter, without competitive bidding. The negotiated sales process provides control over the financing structure and issuance timing. Negotiated sales are recommended for unusual financing terms, period of market volatility and weaker credit quality. A thorough evaluation, usually with the assistance of the City’s Municipal Financial Advisor, of the proposed bond’s credit characteristics in conjunction with market conditions will be performed to ensure reasonable final pricing and underwriting spread. Official Statement (Prospectus): A document published by the issuer in connection with a primary offering of securities that discloses material information on a new security issue including the purposes of the issue, how the securities will be repaid, and the financial, economic and social characteristics of the security for the bonds. Investors may use this information to evaluate the credit quality of the securities. Par Value: The face value or principal amount of a security. Pension Obligation Bonds: Financing instruments used to pay some or all of the unfunded pension liability of a pension plan. POBs are issued as taxable instruments over a 10-40 year term or by matching the term with the amortization period of the outstanding unfunded actuarial accrued liability. Premium: The excess of the price at which a bond is sold over its face value. Present Value: The value of a future amount or stream of revenues or expenditures. Pricing Consultant: The Pricing Consultant provides a fairness letter to the City or its agent regarding the pricing of a new issue of municipal securities. Private Placement: A bond issue that is structured specifically for one purchaser. Private placements are typically carried out when extraneous circumstances preclude public offerings. A private placement is considered to be a negotiated sale. Redemption: Depending on an issue’s call provisions, an issuer may on certain dates and at certain premiums, redeem or call specific outstanding maturities. When a bond or certificate is redeemed, the issuer is required to pay the maturities’ par value, the accrued interest to the call date, plus any premium required by the issue’s call provisions. Refunding: A procedure whereby an issuer refinances an outstanding debt issue by issuing a new debt issue. Page 537 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 14 Rule 15c2-12: Rule adopted by the Securities and Exchange Commission setting forth certain obligations of (i) underwriters to receive, review and disseminate official statements prepared by issuers of most primary offering of municipal securities, (ii) underwriters to obtain continuing disclosure agreements from issuers and other obligated persons to provide ongoing annual financial information on a continuing basis, and (iii) broker-dealers to have access to such continuing disclosure in order to make recommendations of municipal securities in the secondary market. Reserve Fund: A fund established by the indenture of a bond issue into which money is deposited for payment of debt service in case of a shortfall in current revenues. Revenue Bond: A bond which is payable from a specific source of revenue and to which the full faith and credit of an issuer is not pledged. Revenue bonds are payable from identified sources of revenue, and do not permit the bondholders to compel a jurisdiction to pay debt service from any other source. Pledged revenues often are derived from the operation of an enterprise. Secondary Market: The market in which bonds are sold after their initial sale in the new issue market. Serial Bonds: Bonds of an issue that mature in consecutive years or other intervals and are not subject to mandatory sinking fund provisions. Special Tax Bonds: Bonds issued to fund eligible improvements and paid with special taxes levied in a community facilities district formed under the Mello-Roos Community Facilities Act of 1982, as amended, or other applicable law. State Revolving Funds: The State Revolving Fund (SRF) loan is a low interest loan program for the construction of water infrastructure projects. Tax Allocation Bonds: Historically, tax allocation bonds referred to bonds issued under the Community Redevelopment Law to fund eligible capital facilities located within a redevelopment project area. However, as a result of the passage of AB X1 26, the [CITY] Redevelopment Agency has been dissolved and the successor agency’s obligations are limited to performing certain enforceable obligations. The California Legislature has enacted a number of laws that establish alternative tax increment financing mechanisms, and tax allocation bonds may be issued under these laws in the future. Tax and Revenue Anticipation Notes (TRANS): Short term notes issued in anticipation of receiving tax receipts and revenues within a fiscal year. TRANs allow the municipality to manage the period of cash shortfalls resulting from a mismatch between timing of revenues and timing of expenditures. Term Bonds: Bonds that come due in a single maturity but where the issuer may agree to make periodic payments into a sinking fund for mandatory redemption of term bonds before maturity and for payment at maturity. True Interest Cost (TIC): Under this method of computing the interest expense to the issuer of bonds, true interest cost is defined as the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the new issue of bonds. Interest is assumed to be compounded semi-annually. TIC computations produce a figure slightly different from the net interest cost (NIC) method because TIC considers the time value of money while NIC does not. Page 538 of 550 CITY OF UKIAH DEBT MANAGEMENT POLICY Date: February 15, 2017 15 Trustee: A bank retained by the issuer as custodian of bond proceeds and official representative of bondholders. The trustee ensures compliance with the indenture. In many cases, the trustee also acts as paying agent and is responsible for transmitting payments of interest and principal to the bondholders. Underwriter: A broker-dealer that purchases a new issue of municipal securities from the issuer for resale in a primary offering. The bonds may be purchased either through a negotiated sale with the issuer or through a competitive sale. Yield: The net rate of return, as a percentage, received by an investor on an investment. Yield calculations on a fixed income investment, such as a bond issue, take purchase price and coupon into account when calculating yield to maturity. Revision Tracking: Implemented: February 15, 2017 Revised: June 16,May X 2021 Page 539 of 550 Page 1 of 2 Agenda Item No: 12.c. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2020-669 AGENDA SUMMARY REPORT SUBJECT: Update on Emergency Repair of the Yosemite Drive Water Main and Determine that Emergency Conditions Continue to Require the Emergency Repair. DEPARTMENT: Public Works PREPARED BY: Jarod Thiele, Public Works Management Analyst PRESENTER: Tim Eriksen, Public Works Director/City Engineer ATTACHMENTS: 1. Resolution 2020-63 Yosemite Drive Water Main Emergency Work Summary: The City Council will review the status of the emergency award of contract to repair the Yosemite Drive Water Main, to comply with Public Contract Code Section 22050. Background: At their regular meeting of November 4, 2020, the City Council voted to adopt a resolution finding that emergency conditions would not allow sufficient time to publicly bid the repair of the Yosemite Drive Water Main. Please refer to Attachment 1 for a copy of the resolution. The City Council awarded a contract to Wipf Construction under Public Contract Code Section 22050 to repair the Yosemite Drive Water Main. That section allows such repairs without competitive bidding in an emergency, if the City Council on a 4/5 vote makes specified finding. However, please note, that staff solicited quotes from two additional companies before making the award recommendation. Discussion: Under Public Contract Code 22050, Subsection (c)(1) the City Council is required to review the emergency action taken on November 4th at every regularly scheduled meeting thereafter until the action is terminated. In reviewing the action, the City Council must determine whether the emergency conditions excusing competitive bidding continue for the repair of the Yosemite Drive Water Main. It must make that finding by a 4/5 vote. The water main, water services, and trench paving work are complete. The final work to reconstruct the portion of the street damaged by the repeated water main breaks will commence as soon as weather and contractor availability permit. Recommended Action: Determine that emergency conditions continue to require the repair of the Yosemite Drive Water Main without competitive bidding. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Tim Eriksen, Director of Public Works/City Engineer; Mary Horger, Financial Services Manager Page 540 of 550 Page 2 of 2 Page 541 of 550 1 RESOLUTION NO. 2020-63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050 THE EMERGENCY PROCUREMENT WITHOUT PUBLIC BIDDING OF CONSTRUCTION SERVICES TO REPAIR THE WATER MAIN ON YOSEMITE DRIVE WHEREAS: 1.During normal operation of the City of Ukiah’s Water Distribution System, a portion of water main failed repeatedly on Yosemite Drive; and 2.Without the normal operation of this water main, the City is unable to provide necessary and immediate services to its residents which could lead to public health hazards; and 3.With damage caused to public property including streets, curb, gutter; and 4.With damage caused to private property including driveway aprons and driveways; and 5.The City Engineer estimates that it would take 120 days to develop plans and specifications to bid the construction work required to repair the water main and damaged public and private property, to advertise requests for bids, to award the bid and to commence construction and an additional 2-3 weeks to complete the work; and 6.Under Public Contract Code Section 22050(a)(1) in the case of an emergency, the City, pursuant to a four-fifths vote of the City Council, may repair or replace a public facility and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and 7.Under Public Contract Code Section 22050(a)(2) before the City Council takes such action, it must make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency; NOW, THEREFORE, BE IT RESOLVED that: 1.Based on the foregoing recitals and information, the City Council finds that an emergency condition exists that must be repaired to avoid public health hazards that could result, if the repair work was put out for competitive bids in compliance with the procedures required by the Uniform Construction Cost Accounting Act. 2.The City Council authorizes the procurement of construction services to repair the water main and damaged public and private property without providing notice inviting bids. 3.The City Council authorizes the City Procurement Officer to contract with Wipf Construction to repair the backwash basins at the WTP on the amount of $178,642. ATTACHMENT 1 Page 542 of 550 2 4.Awarding a contract to repair the water main and damaged public and private property is categorically exempt from environmental review under the California Environmental Quality Act as a Class 2 categorical exemption, because it involves the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. (14 CCR §15302.) 5.The emergency action taken by this resolution shall terminate upon the City Council’s approval of a certificate of completion for the water main and public and private property repair work. PASSED AND ADOPTED this 4th day of November, 2020, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Douglas F. Crane, Mayor ATTEST: Kristine Lawler, City Clerk Councilmembers Mulheren, Brown, Scalmanini, Orozco, and Mayor Crane None None None Page 543 of 550 Page 1 of 1 Agenda Item No: 13.a. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2021-926 AGENDA SUMMARY REPORT SUBJECT: Consideration of a Response to Correspondence from the County of Mendocino Regarding Project Homekey 2.0. DEPARTMENT: City Manager / Admin PREPARED BY: Sage Sangiacomo, City Manager PRESENTER: Shannon Riley, Deputy City Manager ATTACHMENTS: 1. County of Mendocino Ltr 5-27-21 Project Homekey 2.0 Summary: Consideration of a response to correspondence from the County of Mendocino regarding Project Homekey 2.0. Background: The City Manager's Office received correspondence from the County CEO on June 1, 2021, regarding Project HomeKey 2.0 (Attachment #1). Discussion: The item has been added to the agenda to provide an opportunity for the City Council to discuss and consider a response. Recommended Action: Discuss and provide direction regarding a response BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Page 544 of 550 Page 545 of 550 Page 546 of 550 Page 1 of 1 Agenda Item No: 13.b. MEETING DATE/TIME: 6/16/2021 ITEM NO: 2019-62 AGENDA SUMMARY REPORT SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s). DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Mayor Orozco and Various Councilmembers ATTACHMENTS: 1. 2021 City Council Special Assignments Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. If necessary, the Council may consider modifications. Background: City Council members are assigned to a number of committees and ad hoc activities. These assignments are included as Attachment 1. Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending business (i.e., public hearings), and not enough time is afforded for reports beyond community activities. In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the agenda to provide the City Council members an expanded opportunity to report on assignments and modify assignments as necessary. Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s). BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Page 547 of 550  2021 CITY COUNCIL SPECIAL ASSIGNMENTS COUNTY/REGIONAL OnGoing One + Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Disaster Council Shall meet a minimum of once a year at a time and place designated upon call of the chair Place designated upon call of the chair or, if she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee. Office of Emergency Management 300 Seminary Ave. Ukiah, CA 95482 467-5765 - Tami Bartolomei Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations. Orozco Duenas- Alternate Tami Bartolomei, Office of Emergency Management Coordinator; 467-5765 tbartolomei@cityofukiah.com Greater Ukiah Business & Tourism Alliance 3rd Tuesday of month, 11:30 a.m. 200 S School St. Ukiah, CA 95482 200 S School St. Ukiah, CA 95482 Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area Duenas Rodin - Alternate Shannon Riley,Deputy City Manager; 467-5793 sriley@cityofukiah.com Mendocino Council of Governments (MCOG) 1st Monday of month, 1:30 p.m. Board of Supervisors Chambers 501 Low Gap Road Ukiah, CA Executive Director 367 N. State Street, Ste. 206 Ukiah, CA 95482 463-1859 Plan and allocate State funding, transportation, infrastructure and project County wide Brown Rodin- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m. Civic Center 300 Seminary Avenue conference room 5 IWPC Staff P.O. Box 1247 Ukiah, CA 95482 391-7574 - Candace Horsley Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion Orozco Brown- Alternate Sean White,Director of Water Resources; 463-5712 swhite@cityofukiah.com Mendocino Solid Waste Management Authority (MSWMA) 3rd Thursday of every other month (varies), 10:00 a.m. Willits Council Chambers Solid Waste Director 3200 Taylor Drive Ukiah, CA 95482 468-9710 County-wide Solid Waste JPA Brown Duenas- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino Transit Authority (MTA) Board of Directors Last Wednesday of month, 1:30 p.m. Alternating locations - Ukiah Conference Center or Fort Bragg, or Point Arena Executive Director 241 Plant Road Ukiah, CA 95482 462-1422 County-wide bus transportation issues and funding Duenas Orozco - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com North Coast Opportunities (NCO)4th Wednesday of month, 2 p.m. Alternating locations - Ukiah and Lakeport Ross Walker, Governing Board Chair North Coast Opportunities 413 North State Street Ukiah, CA 95482 Assist low income and disadvantaged people to become self reliant Bartolomei (appointed 12/19/18) Tami Bartolomei, Community Services Administrator; 467-5765 tbartolomei@cityofukiah.com North Coast Rail Authority (NCRA)2nd Wednesday of month, 10:30 a.m.Various Locations - announced 419 Talmage Road, Suite M Ukiah, CA 95482 463-3280 Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region Shannon Riley, Deputy City Manager Shannon Riley,Deputy City Manager; 467-5793 sriley@cityofukiah.com Russian River Watershed Association (RRWA) 4th Thursday of month, 9:00 a.m. (only 5 times a year) Windsor Town Hall Russian River Watershed Association Attn: Daria Isupov 425 South Main St., Sebastopol, CA 95472 508-3670 Consider issues related to Russian river - plans projects and funding requests Rodin Brown- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Ukiah Valley Basin Groundwater Sustainability Agency (GSA) 2nd Thursday of month, 1:30 p.m. Board of Supervisors Chambers; 501 Low Gap Road Ukiah, CA County Executive Office Nicole French 501 Low Gap Rd., Rm. 1010 Ukiah, CA 95482 463-4441 GSA serves as the Groundwater Sustainability Agency in the Ukiah Valley basin Crane Duenas- Alternate Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com COUNTY/REGIONAL One + Staff Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Economic Development & Financing Corporation (EDFC) 2nd Thursday of month, 2:00 p.m. Primarily 631 S. Orchard Street (location varies) Executive Director 631 South Orchard Avenue Ukiah, CA 95482 467-5953 Multi-agency co-op for economic development and business loan program Riley (appointed 12/19/18) Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com Sun House Guild ex officio 2nd Tuesday of month, 4:30 p.m. Sun House 431 S. Main St. Ukiah, CA 431 S. Main Street Ukiah, CA 95482 467-2836 Support and expand Grace Hudson Museum Orozco Neil Davis- Alternate David Burton, Museum Director; 467-2836 dburton@cityofukiah.com Continued - COUNTY/REGIONAL One + Staff Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Youth Project JPA Board of Directors 3rd Wednesday of month, 7:45 a.m. 776 S. State Street Conference Room Mendocino Co. Youth Project 776 S. State Street, Ste. 107 Ukiah, CA 95482 707-463-4915 Targets all youth with a focus on drug and alcohol prevention, healthy alternatives and empowering youth to make healthy choices Cedric Crook, Patrol Lieutenant Cedric Crook, Patrol Lieutenant Nob; 463- 6771; ccrook@cityofukiah.com Northern California Power Agency (NCPA) 4th Thursday of month, 9:00 a.m. (see NCPA calendar) Roseville, CA and other locations 651 Commerce Drive Roseville, CA 95678 916-781-4202 Pool of public utilities for electric generation and dispatch Crane Grandi - Alternate Mel Grandi, Electric Utility Director; 463-6295 mgrandi@cityofukiah.com 1 5/20/2021 ATTACHMENT 1 Page 548 of 550  2021 CITY COUNCIL SPECIAL ASSIGNMENTS LOCAL/COUNTY/REGIONAL/LIASONS OnGoing One or Two Council and/or Staff MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Adventist Health Community Advisory Council Quarterly: Aug. 27, 6:45 a.m. Nov 5, 6:45 a.m. 275 Hospital Drive Ukiah, CA 95482 275 Hospital Drive Ukiah, CA 95482 707-463-7623 Allyne Brown - Allyne.Brown@ah.org Provides the Adventist Health Ukiah Valley (AHUV) Governing Board and Administration with advice, support, and suggestions on matter of importance to Mendocino, Lake and Sonoma Counties. Brown Rodin - Alternate Kristine Lawler, City Clerk, 463-6217 klawler@cityofukiah.com League of California Cities Redwood Empire Legislative Committee Prior to Division Meetings, meets 3x in person and then via conference call Various locations that are announced Redwood Empire League President; Public Affairs Program Manager (916) 658-8243 Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento Rodin Orozco-Alternate Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com City Selection Committee Called as required by the Clerk of the Board BOS Conference Room 501 Low Gap Rd. Rm. 1090 Ukiah, CA C/O: BOS 501 Low Gap Rd., Rm 1090 Ukiah, CA 95482 463-4441 Makes appointments to LAFCO and Airport Land Use Commission Mayor Kristine Lawler, City Clerk; 463-6217 klawler@cityofukiah.com Investment Oversight Committee Varies Civic Center 300 Seminary Ave. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 Reviews City investments, policies, and strategies Crane Orozco, Alternate Alan Carter, Treasurer Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Library Advisory Board 3rd Wednesdays of alternate months; 1:00 p.m. Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Supervisor Mulheren Kristine Lawler, City Clerk; 463-6217; klawler@cityofukiah.com Ukiah Players Theater Board of Directors 3rd Tuesday of month, 6:00 p.m 1041 Low Gap Rd Ukiah, CA 95482 462-1210 1041 Low Gap Rd Ukiah, CA 95482 462-1210 To oversee the activities, organization and purpose of the Ukiah Players Theater Greg Owen, Airport Manager (appointed 12/19/18) Kristine Lawler, City Clerk; 463-6217 klawler@cityofukiah.com Ukiah Unified School District (UUSD) Committee Quarterly 511 S. Orchard, Ste. D Ukiah, CA 95482 511 S. Orchard Ukiah, CA 95482 Information exchange with UUSD Board Chair, Mayor, Superintendent, and City Manager Mayor, City Manager and Police Chief Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com Russian River Flood Control District (RRFCD) Liaison 1st Monday of month, 5:30 p.m. 151 Laws Ave.,Suite D Ukiah, CA 151 Laws Ave., Ukiah, CA 95482; rrfc@pacific.net; 462-5278 Proactively manage the water resources of the upper Russian River for the benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com HHSA Advisory Board 2nd Wednesday of month; 9:00 a.m. Big Sur Room County Department of Social Services Executive Director Jackie Williams - 462-1934 c/o Ford St. Project 139 Ford St. Ukiah CA 95482 Discussions and possible work on health and human service issues Brown - Liaison Shannon Riley, Deputy City Manager; 467- 5793 sriley@cityofukiah.com Mendocino County Local Area Formation Commission (LAFCO) 1st Monday of month, 9:00 a.m.Board of Supervisors Chambers Executive Director 200 S. School Street, Ste. 2 Ukiah, CA 95482 463-4470 Required by legislation - planning spheres of influence, annexation, service areas, and special districts (positions not active) Crane Rodin Craig Schlatter, Director of Community Development; 463-6219; cschlatter@cityofukiah.com Mendocino County Airport Land Use Commission As needed BOS Conference Room 501 Low Gap Rd., Rm. 1090, Ukiah, CA Mendocino County Executive Office 501 Low Gap Rd. Rm. 1010 Ukiah, CA 95482 To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity Owen/Schlatter Greg Owen, Airport Manager; 467-2855; gowen@cityofukiah.com Craig Schlatter, Director of Community Development; 463-6219; cschlatter@cityofukiah.com Mendocino County 1st District Liaison Monthly; TBD Civic Center Annex conference room #5 411 West Clay St. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 To coordinate activities and policy development with the City's 1st District Supervisor Brown Crane- Alternate Sage Sangiacomo, City Manager; 463-6221; ssangiacomo@cityofukiah.com Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m. Civic Center Annex conference room #5 411 West Clay St. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 To coordinate activities and policy development with the County's 2nd District Supervisor Brown Shannon Riley, Deputy City Manager; 467- 5793 sriley@cityofukiah.com LOCAL/COUNTY/REGIONAL/LIASONS OnGoing One or Two Council and/or Staff MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Fire Executive Committee 2nd Wednesdays of month, 3:45 p.m. Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA Stephanie Abba Civic Center 300 Seminary Ave. Ukiah, CA 95482 sabba@cityofukiah.com Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/Brown Doug Hutchison, Fire Chief; 463-6263; dhutchison@cityofukiah.com STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Equity and Diversity TBD Virtual Meeting Room (link to be created) Civic Center 300 Seminary Ave. Ukiah, CA 95482 Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management Analyst; 467-5720 tboyl@cityofukiah.com 2 5/20/2021 Page 549 of 550 COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT Electric Grid Operational Improvements Crane/Orozco Mel Grandi, Electric Utility Director; 463-6295 mgrandi@cityofukiah.com Trench Cut Policy Development Crane/Brown Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Budget Development Best Practices and Financial Policy For FY 21/22 Budget Crane/Brown Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Sheri Mannion, Human Resource Director/Risk Manager; 463-6272, smannion@cityofukiah.com Advance Planning & Policy for Sphere of Influence (SOI), Municipal Service Review (MSR), Annexation, Tax Sharing, Detachment, and Out of Area Service Agreements Crane/Rodin Sage Sangiacomo, City Manager 463-6221 ssangiacomo@cityofukiah.com Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mel Grandi, Electric Utility Director; 463-6295 mgrandi@cityofukiah.com Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com 2021 Electric Rate Study Crane/Duenas Mel Grandi, Electric Utility Director; 463‐6295  mgrandi@cityofukiah.com Housing Element and Implementation Review Rodin/Orozco Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com Planning Commissioner Appointment Process Crane/Rodin Craig Schlatter,Community Development Director 463‐6219 cschlatter@cityofukiah.com Darcy Vaughn, Assistant City Attorney 462‐6846 dvaughn@cityofukiah.onmicrosoft.com UVSD/ City Relations Ad hoc committee to address specific issues with the Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current Operating Agreement, and cost sharing Crane/Brown Dan Buffalo, Director of Finance;  463‐6220 dbuffalo@cityofukiah.com Sean White, Water Resources Director 463‐5712 swhite@cityofukiah.com  Upper Russian River Water Agency/City Relations Crane/Brown Sean White, Director of Water Resources;  463‐5712 swhite@cityofukiah.com    2021 AD HOC COMMITTEES 3 4/16/2021 Page 550 of 550